Law is the most important aspect in any country, most countries, even the ones ruled by monarchies are governed by laws, some follow laws laid down by the religion and some follow laws laid down with the help of constitution as well as the legal experts, however it is pertinent to note that mere laying down the law does not complete the job, its correct interpretation is of prime importance.
It is relatively easier to for any experienced person like a judge or a advocate to interpret a law and use it for their own respective motive, however for a new comer to the field of law, eg., a Intern, it is difficult to understand and interpret the laws as well as the judgments laid down by the Hon’ble Courts of the Country.
Interpretation of Statutes is an important aspect of law,
Let us now learn how to read a law book ;-
Preamble of the act is used as a part of the Act, which expresses the scope, object and purpose of the Act. Whenever need arises as to understand the intent of the legislature then, the said Preamble can be referred to, the Preamble helps understand the reason for which such Act/Statute came into effect, the problems which it intended, it is to be noted that the Supreme Court of India has held that Preamble is the integral part of the Act and it Act and the Preamble are to be read as a Whole.
Legal Dictionary –
A person new in the legal field will always face issues pertaining to the language used in an act or a judgment he reads, in order to meet such obstacles one can always refer to legal dictionaries, legal dictionaries are different from the regular dictionaries and often there are same words with a different meaning altogether in general aspect and the legal aspect, hence it is always advised to refer to a legal dictionary to a beginner.
Laws, which have been in existence since a long time often, have many commentaries published on them, laws like Indian Penal Code, CPC, Hindu Succession Act, Indian Succession Act, etc. have been present since more than 50 years therefore quite a lot cases as well as judicial record has already been in place, these records are curated and commentaries are made on them by advocates of repute, such commentaries are of a lot of importance to both the novice and the expert, hence it is advised to use commentaries for proper understanding of Law.
Judgments of the Court –
Reference to, Judgments delivered by the Hon’ble Court of Law, relating to the Act or any section of the Act can also help to understand the interpretation of the said Act or the Section from the Judge’s Point of View, Judgement of the Court gives an in detail explanation of why the Court interprets a certain section in a certain way, the Judges take the effort of deep research and come up with a very accurate interpretation of the Law laid down by the Legislature, in such process the judges also cite Judgments by Foreign Courts or some Legal Maxims which help the readers of such judgments to better understand the Law.
Reports of the Law Commission –
One of the most significant and relevant way of understanding a Law or a part of Law is to read the Law Commission report on the said Law or Act, the Law Commission often chaired by noted Jurists of the Country play a major role in enactment or introduction of various statutes in the Country, such Law Commission then makes it recommendation to the Minister of Law and then such recommendations are placed before the Parliament, the Parliament after considering the recommendations of the said Commission then makes such Laws or amendments, if necessary to the already existing statutes.
Parliamentary History –
The process of making an Act or a statute requires great amount of discussion, debate and discourse, these discussions are all required to be recorded as per the rules of the Parliament, such discussions can be referred to, in order to better interpret the intent of the Legislature in order to mete out any ambiguity regarding any Law or any term or word in the said Law, thus referring to Parliamentary History of any statute helps the reader in a great way to get clarity about any Law.
Online Lectures –
Lectures uploaded online on Youtube or other mediums can be accessed to understand, interpret and infer the meaning of a statute or an act, in order to better cognize the meaning of the said statute.
Also Read :- Intestate Succession of a Female Hindu
Read :- Constitution of India