The Role Of Legislative Intention In Interpretation
- IJLLR Journal
- Oct 4, 2023
- 1 min read
Ashish Shukla, Thakur Ramnarayan College of Law
Introduction
The phrase "intention of legislature" refers to the meaning of a word as defined by the legislative under the guidance of generally accepted norms of interpretation. Due to the fact that a statute is a legislative decree, judges provided this interpretation when the legislation was being written. It is thought to be the reason why people interpret stature in accordance with their intended meaning. The judiciary has a responsibility to carry out the mens or sentential legis, or the genuine intention of the legislative. The primary goal of statutory interpretation is to discover the intent behind legislative decisions. All appellate courts have as their main duty the interpretation of laws, and it is customary for courts to employ the rules as a guide when doing so. Some legal interpretation guidelines are thought to be very old, while others are more modern. Some laws, such as those governing criminal law or Constitutional law only apply to certain situations.
The purpose of the law is included in the legislature's intention, as is the meaning of the words or statutes. The legislature's intention is evaluated either explicitly or by necessary implication while bearing in mind the goal or purpose of the statute. Most corrective and helpful legislation will be rendered useless (ineffective) by a mechanical reading of the wording and execution of legislative intent devoid of concept. As the law's finalizer, refiner, and polisher, the judiciary would meld or interpret it creatively.