Purposive interpretation

Principles relating to interpretation of the Constitution stated.

Purposive interpretation of Fundamental rights must begin with, and be rooted in, the text and not overshoot the purpose of the right but place it in its appropriate linguistic, philosophic and historical contexts.

Provision of a statute inserted through an amendment could not be construed in a way so as to wipe out the entire statute, unless the legislature by express words or necessary intendment intended to give such an effect to newly provided law

Law Commission in England while giving the report in 1969 had not approved use of the word "mischief" and had instead preferred "a purposive approach to construction of statutes.

Where statute did not provide any right to appeal/revision before High Court, the purpose was to give finality to the order passed under the statute and in such case High Court would not be justified in interfering with such order under Art. 199 of the Constitution.

Interpretation which advances purpose of an Act is to be preferred rather than the interpretation which defeats its object.

Interpretation which advanced the purpose of the Act was to be preferred rather than an interpretation which defeated its objects.

Courts always preferred a purposive rather than a literal interpretation of statutory instruments.

Interpretation of a statute must be fashioned in a manner that advanced the purpose of the statute.

Phrase "Unless otherwise directed by the Federal Government" appearing at the start of S. 6 of National Tariff Commission Act, 1990 meant that at best the Federal Government was empowered to appoint a person for less than three years, if circumstances so required.

Interpretation of a statute must be fashioned in a manner that advanced the purpose of the statute.

Phrase "Unless otherwise directed by the Federal Government" appearing at the start of S. 6 of National Tariff Commission Act, 1990 meant that at best the Federal Government was empowered to appoint a person for less than three years, if circumstances so required.