purposive interpretation

English · Jurisprudence and interpretation

Meaning. Interpreting a statute to give effect to the purpose for which it was enacted, rather than by the bare literal meaning alone.

Purposive interpretation asks what the legislature was trying to achieve and prefers a reading that advances that purpose and suppresses the mischief. It grew out of the mischief rule in Heydon's Case (1584), but in modern form it reads the words in their full context, including the statute's object, the scheme of the Act and constitutional values.

Indian courts use it especially for welfare and social legislation, where a narrow reading would defeat the protection intended. It does not let a judge rewrite the statute: where the words are clear and admit of only one meaning, effect must be given to them, and the court cannot add words except to remove absurdity. It overlaps with beneficial construction.

Example

Adopting a purposive interpretation, the Court held that “wife” in the maintenance provision must be read to protect a woman deceived into an invalid marriage.

purposive interpretation

Example

See also

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