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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun.

Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun.

This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation.

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Research Paper
LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436.
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