Reply To: Despite RAW objections SC Collegium recommended a gay advocate to be appointed as Delhi High Court Judge (18/01/2023)

Checkout Forums God or Government Despite RAW objections SC Collegium recommended a gay advocate to be appointed as Delhi High Court Judge (18/01/2023) Reply To: Despite RAW objections SC Collegium recommended a gay advocate to be appointed as Delhi High Court Judge (18/01/2023)

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advtanmoy
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The task of interpretation of a statutory enactment is not a mechanical task—the meaning of a sentence may be more than that of the separate words

K.P. Varghese v. Income Tax Officer, Ernakulam and Another [(1981) 4 SCC 173], the strict literal reading of a statute was avoided as by reason thereof several vital considerations, which must always be borne in mind, would be ignored, stating:

“…The task of interpretation of a statutory enactment is not a mechanical task. It is more than a mere reading of mathematical formulae because few words possess the precision of mathematical symbols. It is an attempt to discover the intent of the legislature from the language used by it and it must always be remembered that language is at best an imperfect instrument for the expression of human thought and as pointed out by Lord Denning, it would be idle to expect every statutory provision to be “drafted with divine prescience and perfect clarity”. We can do no better than repeat the famous words of Judge Learned Hand when he laid:

“… it is true that the words used, even in their literal sense, are the primary and ordinarily the most reliable, source of interpreting the meaning of any writing: be it a statute, a contract or anything else. But it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary; but to remember that statutes always have some purpose or object to accomplish, whose sympathetic and imaginative discovery is the surest guide to their meaning.”

“… the meaning of a sentence may be more than that of the separate words, as a melody is more than the notes, and no degree of particularity can ever obviate recourse to the setting in which all appear, and which all collectively create.”