mandatory and directory provisions

A provision is mandatory if non-compliance makes the act void; it is directory if non-compliance does not invalidate the act, provided there is substantial compliance. The word “shall” is not conclusive: courts look at the intention of the legislature from the whole statute, the purpose of the provision, whether a penalty or consequence for breach is stated, and the inconvenience or injustice that a strict reading would cause.

Provisions that protect public rights or impose conditions on a power are usually read as mandatory; procedural rules about time and form are often directory. Negative words (“no person shall”) point towards a mandatory reading.

Example

Consultation with the Public Service Commission under Art. 320(3)(c) was held directory, so a dismissal without it was not void.

In Indian law

• State of U.P. v. Manbodhan Lal Srivastava, 1957 INSC 75: Art. 320(3)(c) is directory

See also

purposive interpretation · literal rule · harmonious construction

Read more in the study notes

• Mandatory and directory provisions; enabling, codifying and consolidating statutes (Interpretation of Statutes and Principles of Legislation)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)