DISCRETION IN INTERPRETATION OF STATUTES
Author: Sorna S G, III year of B.A.,LL.B.(Hons.) from CMR University School of Legal Studies, Bangalore, Karnataka
The discretion in the interpretation of the statutes. It is related to discretion in the laws. The discretion of the words in the interpretation of the statutes. The subordinate authority under the words conveying its discretion powers. The exercising powers and authorities of the discretions. The role and responsibilities of the judges in using their discretion powers.
Keywords - discretion, interpretation, powers, authority, lawfull.
Discretion in interpretation (general meaning)
The discretion which means legal or official powers of the Judges. The public officers have some power and authority. They have higher powers when compared to other officers. In private departments few have powers in authority and the level is given to them as an example legal contract which is related to trust and will. The discretion is the decisions on various matters and about the opinion of officers in the legal guidelines. The other few examples of discretion for common understanding. The judges, trustee or executor, district attorney Governor, planning commission where exercising this discretion powers.
● The judges have this discretion in interpretation. They will apply this power while imposing a fine amount to the accused in the criminal cases. The magistrate has power to decide the compensation amount which can be based on the victims' suffering. The judges have power to imposed in prisonment for the accused for the crime committed by the accused in criminal cases. The discretion in this case is that the judgement should be fat and it should not be unfair to anyone.
● The discretion in the other and the trustee and executors have powers in an estate, land, property they have discretion powers in dividing the assets among the beneficiary. The executors should divide equally to them. The district attorney has discretion to play a role in charging the crimes. They will impose imprisonment like 1 year depending on the criminal activities of the accused. In India, the Governor has discretion, they will grant pardon. The planning commission as the discretion authority in granting the zoning ordinances.
WORDS CONVEYING DISCRETION
Discretion of words
The statute which gives the certain grounds on the relief powers of the persons in tribunal matters. The tribunals will pass the orders 'as it seems fit'. The power which is exercised in the relief and it does not depend on discretions of tribunals. For example the tendency which is cancelled and terminated with regard to the provisions and the statutes. The landlords applied for the position of the lands. To pass the order 'as he deems fit'. The supreme Court of India held that Mamlatdar had no discretion to refuse the relief on any matter or consideration.
The order has to give some effects to the statute and heaters rights & powers in the Act. The statute has power to make any orders on some authority to make considerations about justice. The words convey discretion which is 'fairly and bonafide' for some purpose of words. This 'fairly and bonafide' has exercised its power in statute. The words take such actions in the statute. In the word 'it may think fit' which does not give discretion for taking action outside of the statute. The revisional tribunal has power. But in the similar words the revisional tribunals cannot pass every order, they can pass only a few orders. The revisional tribunals have power in the subordinate authority to pass a few orders in particular cases. The discretion takes place in a few words 'think necessary and consider necessary'. It was held that 'think necessary and consider necessary' have provided discretion.
Exercising power of discretion
The discretion is exercised where there is not much indication about discretion in the act. The exercise is not dependent on the fancy of the court or any tribunal and authority. It must be exercised in the words, there is some justice and reason in the rules of the statute. The discretion should not be according to any private or personal opinion. The discretion which should be based on the laws and rules which are mostly according to the legal nature and regular. In any case, the discretion should not be irregular or void. Discretion is exercised in certain limits for the individuals who exercise the discretion powers. If anyone who has discretion power is exercising in an illegal way or in unlawfully using that power. They will be removed from the position and the discretion power will automatically end. The consideration is fantastic and foreign to subject matter. If the person who has authority exercising in his own will or in private affections then the person failed to exercise his discretion.
DISCRETION OF JUDGES
Role of judge : Discretion
The Judges will decide according to the rules which could be equity and the nature of the situations and circumstances. The Judgement which should not be arbitrary, unjust, illegal and inequality. The Judgement of Judges which could be fair, justice, and equity. Justice cannot be given without the authorised expression of law.
The law plays an important part in the interpretation of statutes and all other matters. The discretion in the criminal case laws the knowledge and ability to know the basic difference in good and bad evils. To know about the legal and illegal works, the lawful and unlawful in society.
1. G. P. SINGH, PRINCIPLES OF STATUTORY INTERPRETATION, 13Th Ed. p.481
2. N. S. BINDRA'S, INTERPRETATION OF STATUTES, 13TH Ed.
3. B. M. GANDHI, INTERPRETATION OF STATUTES, 2RD Ed.
4. VEPA P SARATHI, INTERPRETATION OF STATUTES, 5TH Ed.