Principles Of Statutory Interpretation Gp Singh -
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Singh clarifies that colourable legislation (doing indirectly what the legislature cannot do directly) is not about fraud; it is about legislative competence. If the legislature lacks power under the Seventh Schedule, no interpretive trick can save the law.
The principles of statutory interpretation are not static and may evolve over time. Future research and scholarship should focus on: principles of statutory interpretation gp singh
that have cited G.P. Singh's work.
Justice Singh strongly advocates the rule of strict construction . If two interpretations of a penal provision are possible, the court must take the one favorable to the accused. However, he adds a crucial nuance: This rule is not to be applied to defeat the obvious intention of the legislature. "Strict" does not mean "absurd." If you are researching a specific case or
While not an overriding provision, it acts as a key to unlock the mind of the legislature and clarify the Act’s general purpose.
(IN) G.P. Singh: Principles of Statutory Interpretation. G.P. Singh: Principles of Statutory Interpretation. Justice G P Singh. G. The principles of statutory interpretation are not static
Justice Singh makes a critical distinction between ordinary statutes and the Constitution. He argues that a Constitution is a "living organism" and must be interpreted with a "generous and purposive" breadth that allows it to evolve with society, whereas taxing or penal statutes must be interpreted strictly in favor of the subject/citizen. VI. Conclusion
The historical or long-standing interpretation of ancient statutes by those who were close to its enactment.