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The Law Between The Lines: Interpretation As The Architecture Of Judicial Power




Agnivesh Kaushik, Symbiosis Law School, Noida


ABSTRACT


Interpretation as a practice has been serving as the bridge between the implemented laws and their application, having a crucial judicial function rather than a subsidiary practice. Even though statutes have been seen as the backbone of the legal system; factual variations, technological advancements or evolving realities of the society are inevitable and cannot be anticipated by the language of statutes. Hence, judicial interpretation becomes a core exercise to subside ambiguity, arbitrariness, and constitutional inconsistency. This paper analyses how interpretation acts as a weapon as well as a shield for the third organ of the state, examining how decision making bodies mediate between the text and the intent of the legislature while simultaneously preserving the supremacy of constitution and rule of law. By exploring multiple interpretative doctrines, including the literal, golden, and mischief rules along with internal as well as external aids the paper carves its way towards the jurisprudential evolution of interpretation as a practice in the Indian Legal System, making a shift from strict textualism towards a more purposive and equity oriented method. The light has also been shed demonstrating the fact that interpretation is not just a linguistic pursuit but also a normative as well as a constitutional responsibility which helps in shaping governance, guiding precedent and ensures that law always continues to live, thrive and be responsive.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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