Niharika Verma, Gujarat National Law University
ABSTRACT
It has long been acknowledged that social changes are rapid, which in turn influences the manner in which statutes are interpreted. The judiciary may find it necessary to interpret a statute in a modernized and updated context, as the legislative drafters are unable to anticipate and account for all future circumstances.
There is a principle of statutory construction that “a statute is always speaking”, which has been utilized in a multitude of legal issues. Nevertheless, over time, there appears to be variation in the manner in which the courts interpret and implement this principle. The dynamic nature of the legal system is seen in the manner in which statutes are subject to ongoing interpretation. When a statute incorporates a concept that is subject to potential modifications in its substance due to advancements of knowledge, technology, or societal norms, it is advisable to construe it in accordance with its present-day understanding. Although the content may be altered, the core idea remains unaltered.
In recent times, there has been an increasing inclination among courts to take into account external aids and factors. Recognizing that the literal interpretation of a text is not always unambiguous is driving this shift in approach, and external aids can offer valuable insights on the interpretation of a statute.
The article delves into the potential of extrinsic aids to remove the ambiguity, that is inherent to any statute, while interpreting the statute. The importance of extrinsic aids, specifically later social, political, economic and scientific developments, is highlighted using relevant case laws.
Keywords: External aids, social development, statutory interpretation, political development, legislative drafters, economic and scientific development, ambiguity, judiciary.
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