Spinning yarns from moonbeams: A jurisprudence of statutory interpretation in common law

Singh, Prabhakar (2021) Spinning yarns from moonbeams: A jurisprudence of statutory interpretation in common law. Statute Law Review, 42 (2). pp. 266-290. ISSN 1464-3863

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What methods, if at all, do Indian judges deploy in their law reading? In their abundant references to the term “jurisprudence”, the Indian judge gives neither precise meanings nor methods to ascertaining what is jurisprudence; the judges declare when purposively breaking new grounds, or, the state constitutively roots for a strict, even a conservative, reading of its will and legislative intention. Judges while read penal and taxation statutes strictly, at the Indian Supreme Court the ‘ends of justice’ clearly override, as it should, positivist interpretations. The legislature and the executive therefore tolerate the Supreme Court’s purposive reading down of the colonial statutes, just as, conversely, they reject the Court’s ‘reading down and reading wide’ of politically sensitive public law statutes to defend their postcolonial intent. I aim to map the uncertain landscape of the Indian Supreme Court’s use of “jurisprudence” and jurisprudence’s relationship with statutory interpretation.

Item Type: Article
Keywords: Jurisprudence | Common law | Judges | Legislative
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 14 Mar 2022 13:24
Last Modified: 14 Mar 2022 13:24
Official URL: https://doi.org/10.1093/slr/hmy035
URI: https://pure.jgu.edu.in/id/eprint/1615


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