The true reason for the remedy.The office of the judge is always to make such construction as shall suppress the mischief and advance the remedy. 4. Purposive Approach
While they cannot override the clear, enacting words of a statute, they serve as excellent guides to the general purpose and scope of the legislation.
Parliamentary debates (though used cautiously), dictionaries, historical context, and foreign judgments. 3. Key Presumptions The text outlines several "starting points" for any judge: principles of statutory interpretation gp singh
: Integrates Indian legal principles with foreign works like Bennion on Statutory Interpretation Case Analysis
A modern shift where courts look beyond literal text to the purpose or "spirit" of the law. The true reason for the remedy
Standard dictionaries are consulted to ascertain the popular meaning of a term used in an enactment.
A proviso is generally used to qualify or create an exception to the main enacting clause. Justice G.P. Singh cautions that a proviso should not be interpreted as completely nullifying the main section. Standard dictionaries are consulted to ascertain the popular
As the court adjourned, the law students in the gallery looked at their own copies of G.P. Singh. They realized the story had taught them the hierarchy of the book:
The rationale is rooted in the separation of powers. Courts must not amend, alter, or improve a statute under the guise of interpretation. If a literal reading leads to hardship or injustice, it is the prerogative of the legislature, not the judiciary, to amend the law. The Golden Rule (Modifying the Literal Meaning)
If you want to delve deeper into a specific aspect of this treatise, let me know:
To understand the book, one must respect the author. Justice Gajendra Pal Singh was a former Chief Justice of the Madhya Pradesh and Gujarat High Courts. However, his legacy rests not on his judgments but on his scholarship.