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
Keymaster

The golden rule is that the words of statute must be prima facie given their ordinary meaning

Harbhajan Singh v. Press Council of India and others [(2002) 3 SCC 722] to emphasise that the golden rule is that the words of statute must be prima facie given their ordinary meaning. In that case, itself, this Court has referred to the `Principles of Statutory Interpretation’ by Justice G.P. Singh wherein it has been stated that the Judges can adopt a purposive interpretation if they can find in a statute read as a whole or in material to which they are permitted by law to refer as aids to interpretation an expression of Parliament’s purpose or policy. Although ordinarily, an ordinary meaning cannot be departed from by the Judges in the light of their own views as to policy.

Eligibility of a Judge of a High Court should not be construed in a pedantic manner. It in the context of a large number of decisions of this court including S.P. Gupta (supra) must also be held to include suitability of a person concerned. For the aforementioned purpose, the principles of purposive interpretation is required to be resorted to.

Even in Sangeeta Singh v. Union of India and Others [(2005) 7 SCC 484] wherein also while dealing to principles of construction, it was clearly stated:

“5. It is a well-settled principle in law that the court cannot read anything into a statutory provision or a stipulated condition which is plain and unambiguous. A statute is an edict of the legislature. The language employed in a statute is the determinative factor of legislative intent. Similar is the position for conditions stipulated in advertisements.”