LIBERAL CONSTRUCTION OF STATUTES

I.INTRODUCTION
The purpose of interpreting statutes is to get what the legislature intended while writing the
provisions. For this judiciary take resort to literal interpretation, but sometimes a part of
statute by way of literal interpretation destroys the true purpose of the law. By way of giving
that part liberal interpretation the logical defect can be rectified and the latent intent of the
legislature behind the statue of law can be given effect. In leading cases judiciary has given
liberal interpretation to the statues so as to advance substantial justice. Instead of giving
narrow meaning to the terms of the statues, they are given wider meaning. Common law
recognizes two canons of liberal interpretation; one is the liberal construction of remedial
laws and the other that all laws should be liberally construed. Interpretation of procedural
enactment should be liberal for the enforcement of substantive rights. All the provisions that
provide for the protection of fundamental human rights should be given liberal interpretation.
Strict construction of welfare, social and beneficial statues should be avoided and this
principle is being promoted by many states as they are rejecting strict construction. Remedial
or beneficial statutes are those which in order to bring out some social reform are directed to
cure the immediate mischief caused to a particular group of persons to ameliorate their
conditions.1 Under liberal interpretation public acts are given more importance than the
private acts, that’s why in the condition of conflicts between public and private interests,
public interest were to be favored over private interests.

In this project author has explained different aspects of liberal interpretation of remedial
statues. Different remedial and welfare statutes are taken into consideration while arriving at
the conclusion. For that matter author reached the final stage by the way of analysis of
precedents set by Supreme Court of India related to liberal interpretation of welfare and
remedial enactments.

1
Central Railway Workshop, Jhansi v. Vishwanath, AIR 1970 SC 488.
Statutory interpretation is the process by which courts interpret and apply legislation. Some
amount of interpretation is often necessary when a case involves a statute. Sometimes the
words of a statute have a plain and a straightforward meaning. But in many cases, there is
some ambiguity or vagueness in the words of the statute that must be resolved by the judge.
To find the meanings of statutes, judges use various tools and methods of statutory
interpretation, including traditional canons of statutory interpretation, legislative history, and
purpose. In common law jurisdictions, the judiciary may apply rules of statutory
interpretation both to legislation enacted by the legislature and to delegated legislation such
as administrative agency regulations.