LLM Notes: Purposive Interpretation: Ensuring Constitutional Endurance Through the Ages

 Purposive Interpretation in Constitutional Adjudication

Constitutional adjudication is a critical process through which courts interpret and apply a constitution, thereby shaping the governance and legal landscape of a nation. A cardinal principle in this process is purposive interpretation, which ensures the constitution remains relevant and enduring across generations. This approach prioritizes the object of legislation and interprets statutes in a way that fulfills their intended purpose.

Understanding Purposive Interpretation

Purposive interpretation emphasizes the intent and spirit behind the constitutional text, rather than a strict, literal reading. It acknowledges that a constitution is designed to be a lasting instrument that adapts to changing societal needs and future conditions. As such, the interpretation of constitutional documents involves understanding the evolving concepts and not merely the static words.

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Leading caselaw on purposive interpretation of statutes

 The principle of 'purposive interpretation' or
'purposive construction' is based on the understanding that the Court is
supposed to attach that meaning to the provisions which serve the
'purpose' behind such a provision. The basic approach is to ascertain
what is it designed to accomplish? To put it otherwise, by interpretative
process the Court is supposed to realise the goal that the legal text is
designed to realise. As Aharan Barak puts it:
“Purposive interpretation is based on three components:
language, purpose, and discretion. Language shapes the
range of semantic possibilities within which the interpreter
acts as a linguist. Once the interpreter defines the range,
he or she chooses the legal meaning of the text from
among the (express or implied) semantic possibilities. The
semantic component thus sets the limits of interpretation
by restricting the interpreter to a legal meaning that the
text can bear in its (public or private) language.”
10) Of the aforesaid three components, namely, language, purpose and
discretion 'of the Court', insofar as purposive component is concerned,
this is the ratio juris, the purpose at the core of the text. This purpose is
the values, goals, interests, policies and aims that the text is designed to
actualize. It is the function that the text is designed to fulfil.
Aharan Barak – Purposive Interpretation in Law
11) We may also emphasize that the statutory interpretation of a provision is
never static but is always dynamic. Though literal rule of interpretation,
till some time ago, was treated as the 'golden rule', it is now the doctrine
of purposive interpretation which is predominant, particularly in those
cases where literal interpretation may not serve the purpose or may lead
to absurdity. If it brings about an end which is at variance with the
purpose of statute, that cannot be countenanced. Not only legal process
thinkers such as Hart and Sacks rejected intentionalism as a grand
strategy for statutory interpretation, and in its place they offered
purposivism, this principle is now widely applied by the Courts not only in
this country but in many other legal systems as well.


REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
 CIVIL APPEAL NO. 8731 OF 2015
(Arising out of S.L.P. (Civil) No.19617 of 2015)
SHAILESH DHAIRYAWAN …APPELLANT

VERSUS
MOHAN BALKRISHNA LULLA ...RESPONDENT

R.F. Nariman, J.
Dated;OCTOBER 16, 2015.
Citation;(2016)3 SCC619

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