AI Overview...
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Purpose of Exegesis - Exegesis is undertaken not as an apology but to interpret statutory language, especially when courts are not adjudicating (01500038296). It helps clarify legislative intent and statutory scope, particularly in complex legal contexts. State of Kerala VS K. K. Mathai - Kerala
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Judicial Approach to Statutes - Courts prefer to avoid unnecessary exegesis to prevent misinterpretation; they favor strict construction of penal statutes and interpret statutes based on legislative intent when clear (02400000026). The process involves a balance between textual analysis and broader purposive understanding (02500002007).
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Retrospective Operation - Statutes generally are not to operate retrospectively unless explicitly legislated, emphasizing cautious exegesis to prevent unintended legal consequences (01500013267).
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Statutory Construction Principles - The primary rule is to interpret statutes in line with legislative intent, avoiding extraneous exegesis unless necessary; courts may resort to rules of construction only when the legislative intent is ambiguous (02500002007). The constitutional context further influences the scope of judicial exegesis (00900006690).
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Exegesis in Administrative and Constitutional Law - Judicial exegesis is exercised cautiously in constitutional matters, especially regarding government actions, to respect constitutional sovereignty and prevent overreach (00900006690). When examining statutes like the Administrative Tribunals Act, lexical exegesis is used to understand jurisdiction and scope (00400059301).
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Instrumental and Moral Dimensions - Exegesis also applies to statutes governing rights, such as the right to information, where courts analyze whether laws are arbitrary or violate fundamental principles of justice (00100078932). The interpretation must align with morality and justice, especially in cases of contravention (00100074243).
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Guidance for Authorities - Statutes provide sufficient guidance for officers and authorities through their language and legislative intent, aiding in the exegesis process to ensure proper application (01300004515).
Analysis and Conclusion:
Exegesis of statutes serves as a vital interpretative tool to elucidate legislative intent, ensure proper application, and uphold principles of justice. Courts tend to prefer minimal and purposive exegesis, resorting to detailed interpretation only when necessary, especially in penal, constitutional, or retrospective contexts. The process balances textual clarity with broader legislative purposes, emphasizing that statutes should be interpreted in a manner consistent with justice, morality, and constitutional principles.
Search Results for "Exegesis of Statutes"
2017 0 Supreme(Ker) 749 • India - Kerala
P.N.RAVINDRAN, DAMA SESHADRI NAIDU
Though not as an apologia, we may answer a curious question: why do we undertake this exercise of exegesis, when we are not adjudicating ... Anderson, 225 U.S. 436, 444 (1912) Justice Holmes, as quoted by Garner, observes that absent statute, the phrase, "law of the case ... ... (m) By an erroneous decision, if the Court assumes jurisdiction, which it does not possess under the statute
2020 0 Supreme(Bom) 639 • India - Bombay
DAMA SESHADRI NAIDU
attacks gave more thought than is evident to public interest which they are likely to injure - This is neither a diatribe nor an exegesis ... This is neither a diatribe nor an exegesis on the judges' right to reputation, if there is one. ... But remedies, say, of appeal, revision, review are entirely statute conferred; they inhere in no suitor.
1986 0 Supreme(Sikk) 3 • India - Sikkim
J.K.MOHANTY
"i prefer to avoid exegesis of the statutory language unless they are absolutely necessary : for the result would otherwise tend ... Both these statutes have different objects and create offences with separate ingredients. ... Regarding the construction of penal Acts it is said that penal statutes must be construed strictly.
2003 0 Supreme(All) 1643 • India - Allahabad
M.KATJU, R.S.TRIPATHI
range of choice and judgment, and hence constitutional construction involves hospitality to large purposes, not merely textual exegesis ... AIR 1955 SC 376 (vide para 6) the Supreme Court observed: The cardinal rule of construction of statutes ... and if from the provision the legislative intent is clear, the Court need not call into aid the other rules of construction of statutes
2019 0 Supreme(Bom) 768 • India - Bombay
B.R.GAVAI, DAMA SESHADRI NAIDU
And the GRs are not statutes to arrest this estoppel. – It is the petitioners that have come before this Court; they have asserted ... And the GRs are not statutes to arrest this estoppel. ... 75. ... jurisdiction, Shri Anturkar has drawn attention to Section 3 and Section 15 of the Administrative Tribunals Act, 1985, besides the lexical exegesis ... But the statute under which the Corporation was established did not envis....
1976 0 Supreme(Ker) 86 • India - Kerala
CHANDRASEKHARA MENON
It is a general rule of law that statutes are not to operate retrospectively. ... No one denies the competency of the legislature to pass retrospective statutes if they think fit. ... R. said: "I prefer to avoid exegeses of the statutory language unless they are absolutely necessary: for the result would otherwise
2024 2 Supreme 342 • India - Supreme Court
D. Y. CHANDRACHUD, SANJIV KHANNA, B. R. GAVAI, J. B. PARDIWALA, MANOJ MISRA
other forms and is not restricted to information about functioning of public officials – Right to information has an instrumental exegesis ... (Paras 99, 100 and 104) (G) Statute Law – Standard of “manifest arbitrariness” – A Statute can be challenged ... it is manifestly arbitrary – Courts while testing validity of a law on the ground of manifest arbitrariness have to determine if statute ... The right to information has ....
1951 0 Supreme(Cal) 209 • India - Calcutta
P.B.MUKHARJI, GUHA
Because of that the Courts would be circumspect and slow to exercise the powers of judicial exegesis of constitutional Government ... The Government may, notwithstanding such satisfaction of the Judge or the jury, be legally satisfied under the statute that it is ... in the statute, I would have had no hesitation in holding that the order of detention was illegal and releasing the petitioner.
2021 6 Supreme 145 • India - Supreme Court
L.NAGESWARA RAO, S.RAVINDRA BHAT
fundamental policy of Indian law or if it is in conflict with the most basic notions of morality or justice – Contravention of a statute ... confusion in the mind of the Arbitral Tribunal relating to the actual date of termination, which would have a material bearing on the exegesis ... In short, what is not subsumed within “the fundamental policy of Indian law”, namely, the contravention of a statute not linked to ... Contravention of a #H....
1989 0 Supreme(Guj) 200 • India - Gujarat
R.A.MEHTA, P.R.GOKULAKRISHNAN
the responsible military officers under whom the accused is serving and these officers were to be guided by consideration of the exegesis ... The situation in such cases would not be parallel to the tests to be applied for determining the validity of rules made under statutes ... The is a sufficient guidance for the authorities on them the power has been inferred With such an indication clearly given In the statutes
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