Microlesson · 5-min read

Meaning of 'Statute' and 'Interpretation'

## Foundational Concepts

### Meaning of 'Statute'

A statute has been defined as 'the written will of the legislature'.

It is the formal expression of what the legislature has enacted as law.

### Meaning of 'Interpretation'

'Interpretation' is the process by which:

The real meaning of an Act (or a document), and
The intention of the legislature in enacting it (or of the parties executing the document) is ascertained.

So interpretation always involves two things — finding the meaning of the words and finding the intention behind them.

### Why Interpretation Is Needed

Even where laws are drafted by legal experts, the language can be confusing or capable of being misconstrued. The intention of the law must therefore be gathered not only from the language but also from the surrounding circumstances that prevailed at the time of enactment. The rules of interpretation supply the technique for doing so.

Worked example

### Example 1

Conceptual mapping:

A statute = the written will of the legislature (e.g., the Companies Act, 2013).
A deed = the written will of the parties (e.g., a sale deed, a partnership deed).
Interpretation is the bridge between the words used and the intention behind them.

⚠️ Common exam mistakes

Equating interpretation purely with finding dictionary meanings of words — interpretation seeks intention behind the words.
Assuming that expert drafting eliminates the need for interpretation — even well-drafted statutes throw up ambiguities in application.

Reference:

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