Role of court in interpretation - Indian Laws - General

Role of court in interpretation of statutes or definitions- The role of the court in statutory interpretation has been lucidly discussed in the Halsbury s Laws of England, 4th Edn., Reissue, Vol 4 at paragraph 1369 as follows: 1369. Role of court in interpretation. The court has the function of authoritatively construing legislation, that is, determining its legal meaning so far as is necessary to a case before it, This function is exclusive to the court, and a meaning found by any other person, for example an authorizing agency, an investigation agency, an executing agency, a prosecuting agency, or even parliament itself, except when intending to declare or amend the law, is always subject to the determination of the court. It is usually said that the making of law, as opposed to its interpretation, is a matter for the legislator, not for the courts, but, in so far as parliament does not convey its intention clearly, expressly and completely, it is taken to require the court to spell out that intention where necessary. This may be done either by finding and declaring implications in words used by the legislator, or by regarding the breadth or other obscurity of the express language as conferring a delegated legislative power to elaborate its meaning in accordance with the public policy (including legal policy) and the purpose of legislation. Whichever course is adopted, in accordance with the doctrine of precedent the court s operation influences the future legal of the enactment by producing what may be called sub-rules, which are implied or expressed in the court s judgement. [PRASANTA KUMAR MITRA AND ORS.- 2018 (9) TMI 337 - CALCUTTA HIGH COURT PERNOD RICARD INDIA (P) LTD. - 2024 (4) TMI 1035 - SUPREME COURT] PERNOD RICARD INDIA (P) LTD. - 2024 (4) TMI 1035 - SUPREME COURT ..............In the ultimate analysis, interpretation statutes or definitions in interpretation clauses are only internal aids of construction of a statute. Who do they aid? Interpretation is the exclusive domain of the Court. Keshavji Ravji Co. v. Commissioner of Income Tax, 1990 (2) TMI 1 - SUPREME COURT A Constitutional Court is tasked with the sacred duty of interpreting the Constitution, Acts of Parliament or States, subordinate legislations, regulations, instructions and even to practices having force of law. Whichever or wherever the instrument, interpretation is the exclusive province of the Court. Dr. Major Meeta Sahai v. State of Bihar, (2019 (12) TMI 1672 - SUPREME COURT