Principles of “Reading Down” - Indian Laws - General

Principles of Reading Down The rule of reading down a provision of law is now well recognised. It is a rule of harmonious construction in a different name. It is resorted to smoothen the crudities or ironing the creases found in a statute to make it workable. In the garb of 'reading down', however, it is not open to read words and expressions not found in it and thus venture into a kind of judicial legislation. The rule of reading down is to be used for the limited purpose of making a particular provision workable and to bring it in harmony with other provisions of the statute. It is to be used keeping in view the scheme of the statute and to fulfil its purposes.[ Calcutta Gujarati Education Society Anr. v. Calcutta Municipal Corpn. Ors. 2003 (8) TMI 476 - SUPREME COURT] Principle of Reading Down - a provision emanates from a very well settled canon of law, that is, the courts while examining the validity of a particular statute should always endeavour towards upholding its validity, and striking down a legislation should always be the last resort. Reading Down a provision is one of the many methods, the court may turn to when it finds that a particular provision if for its plain meaning cannot be saved from invalidation and so by restricting or reading it down, the court makes it workable so as to salvage and save the provision from invalidation. Rule of Reading Down is only for the limited purpose of making a provision workable and its objective achievable. [THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA VERSUS SHANMUGAVELU - 2024 (2) TMI 291 - SUPREME COURT (LB) ]