Statutory Interpretation and the Principle of 'Ut Res Magis Valeat Quam Pereat', Thesis of Public Law

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TOPIC:

RESEARCH PAPER: Utres

Valet Potior Quampareat:

Understanding its Application in

Statutory Interpretation.

Serial No CONTENT Acknowledgement Abstract Introduction Utres Valet Potior Quampareat ADMISSIBILITY IN STATUTORY INTERPRETATION ADMISSION IN CASES: Conclusion Page No 1 02 2 04 3 05 5 06 6 07 7 08 9 10 10 Literature Review 11

promotes the preservation of the law's original intent and essence. This Latin proverb, which translates to "let the thing be more effective than perish," captures the core idea that the major goal of any regulation should be to continue to be enforceable and functional rather than to be declared invalid because of vague wording or divergent interpretations. This approach guides judges and solicitors in the area of statutory interpretation by encouraging them to look above the surface wording of the statute and discover the legislative intent that lies behind each provision. Courts protect the integrity of the legal system by making sure that each word and phrase in a statute has a purpose and advances the general objectives of justice and fairness. They do this by viewing the law through the prisms of reason and logic.

Utres Valet Potior Quampareat

Understanding the maxim "ut res magis valeat quam pereat": According to the maxim "ut res magis valeat quam pereat," it is preferable for something to have an impact rather than for it to become void; in other words, something is better validated than invalidated. The courts shall not err in their interpretation of any provision, making any statute or provision null and void. Because of this, the courts should interpret a provision so that none of the statute's provisions become inoperative if its language is unclear, unresolved or ambiguous and allows for many interpretations. Since the legislature is not expected to utilize terms that are superfluous or inconsequential, every word that is used in a statute should, if possible, have meaning.

The maxim ut res magis valeat quam pereat is based on some principles and presumptions, they are as follows:  A statute's mere ambiguity should not render it invalid.  The survival of the law must come first and foremost when the courts are interpreting a provision.  The courts must begin their analysis of a statute's validity with the presumption that it is constitutional. A statutory interpretation that aligns with the legislature's objective is the accurate interpretation of the provision or statute.  The legislature's objective cannot be anything other than to ensure that every provision of the statute is carried out to accomplish the goal for which the law was created.  A reading that renders any provision impracticable or inoperable would be contrary to the intent of the legislature.  The legislature alone has the authority to enact and amend laws; the courts are responsible for interpreting the law. Any interpretation that renders a statute or provision meaningless in these circumstances amounts to a rejection of the law, and courts have no authority over that.  Courts have the authority to declare a legislation unconstitutional, but they are not permitted to create any ambiguity or unconstitutionality in a provision by adopting a unique interpretation or applying a particular standard to a provision.

ADMISSIBILITY IN STATUTORY INTERPRETATION

Statutory interpretation have a very important value in law as it’s role in ensuring the true intent of the legislation is important. Among all the other principles, the principle of the maxim "ut res magis valeat quam pereat" which when simplified means "that it is better for a thing to have an effect than for it to become void" is originated from the ancient roman law. This principle highlights the belief that the main purpose of law must always prevail over its literal interpretation. In basic terms, the application of the maxim "ut res magis valeat quam pereat" would be seen in the matters where in the literal interpretation of the words would result into any unjust outcome

4. Tinsukhia Electric Supply Co. Ltd. V. The State of Assam (1990): According to the Honourable Supreme Court, courts strenuously oppose interpretations that could render a statute meaningless. A statute or any of its enacting provisions must be interpreted in a way that ensures their efficacy and functionality. On the other hand, a statute may be deemed invalid for vagueness if it is utterly ambiguous and its wording is completely unintelligible.
5. Corporation of Calcutta v. Liberty cinema (1965): The Supreme Court ruled that the term "fee" in Section 548 of the Calcutta Municipal Corporation Act must refer to taxation because it denotes payment for services rendered, which is not the case in this case. The court interpreted the statute based on the principle ut res magis valeat quam pereat. This interpretation alone creates the conditions necessary for the Calcutta Municipal Corporation Act to function smoothly.

CONCLUSION

When interpreting the law, the legal maxim quod res magis valeat quam pereat acts as a guide to make sure that laws and legal provisions continue to be applicable, meaningful, and

Sr Nature No of Literatu re Name of Literat ure Review Research gapIndented in LiteratureResearch

1Case

Law

Avtar Singh v. the State of Punjab (1965) SC In the 1965 Supreme Court ofThe well-The intended India decision of Avtar Singh v.establishedstudy will the State of Punjab, the court gave legislativeconcentrate on an example of how to use theinterpretationhow the adage "ut res magis valeat quamprinciple "utprinciple "ut pereat" in legislativeres magisres magis interpretation. The Court'svaleat quamvaleat quam decision, which gave contentpereat" ispereat" was precedence over form,rarely appliedapplied in the emphasised how crucial it is toin particular1965 Supreme uphold legislative intent. Through circumstances. Court case of a thorough analysis of theInvestigatingAvtar Singh v. efficient. This maxim encourages justice, fairness, and the rule of law by placing a higher priority on maintaining a law's intended purpose than on making it null and void or useless. A balanced approach to legal analysis is encouraged by the ut res magis valeat quam pereat doctrine, which guards against the unwarranted implications of too strict interpretations or the unreasonable restriction of rights. In the end, this principle preserves the integrity of the legal system by making sure that laws continue to fulfil their intended functions and that legal decisions are made consistently and coherently in light of evolving circumstances. Since the legislature doesn't include superfluous or insignificant words in provisions or statutes, it is preferable to interpret any word or terms in a statute in a way that keeps it operational and keeps the relevant words relevant rather than in a way that renders the words void, ineffective, and useless.

LITERATURE REVIEW

SC valeat quam pereat" is the case of D. Salbaba v. the Bar Council of India (2003) SC. In this landmark decision, the Supreme Court of India emphasised how important it is to guarantee that law provisions remain valid and effective even in the face of ambiguity or conflicting interpretations. The Court gave the text and intent of the law precedence over procedural minutiae in order to uphold legislative intentions and safeguard the statute's execution. This case serves as a reminder of how crucial this concept is to developing a fair and just legal system that protects justice and equality. decision of the Supreme Court in D. Saibaba v. Bar Council of India about the maxim "ut res magis valeat quam pereat" exposes a startling lack of research. Despite being widely recognised in the legal profession, not much research has been done to demonstrate how this maxim should be used when interpreting statutes in this specific situation. investigate how the Supreme Court applied the principle "ut res magis valeat quam pereat" in the 2003 case of D. Saibaba v. Bar Council of India. The case facts, legal defences made, and the Court's application of the maxim to the legal requirements will be the main areas of attention for the research. It will examine how the principles of statutory interpretation and the significance of maintaining the efficacy of legislative provisions are reflected in the Court's decision in this case.

Sr No Nature of Literat ure Name of Review Literature Research gap in Literature Indented Research

3 Case^ The Calcutta High Court

University of

provided an example of how to use the legislative

Calcutta and interpretation concept "ut

Others v. res magis valeat quam

Pritam Rooj pereat"^ in^ the^ case^ of

(2009) Cal University^ of^ Calcutta^ and

HC Others v. Pritam Rooj

(2009) Cal HC. This important decision demonstrated the Court's dedication to upholding the legitimacy and operation of legal provisions by emphasising content above form. The Court preserved the law's efficacy by interpreting the Act in a way that preserved the legislative intent and refrained from making any of its sections null and void. The Calcutta High Court demonstrated the value of striking a balance between the letter and the spirit of the law through this case, demonstrating the maxim's continuing applicability in directing judicial decisions and upholding the integrity of the legal system. A case Examining

Law involving^ the

maxim "ut res how the maxim "ut res magis valeat magis valeat quam pereat" quam pereat" was was applied University of in the 2009 Calcutta and Cal HC case Others v. University of Pritam Rooj Calcutta and in the 2009 Others v. Cal HC. Pritam Rooj While this is the goal of application the intended has been study. The studied case facts, elsewhere, it legal defences has not been made, and the investigated Court's in detail in application of terms of how the maxim to this particular the legal case requirements represents the will be the principle and main areas of what it attention for implies for the research. legislative It will interpretation. examine how the principles of statutory interpretation and the significance of maintaining the efficacy of legislative provisions are reflected in the Court's decision in this case. Sr No Nature of Literat ure Name of Literature Review Research gap in Literature Indented Research

4 Case

Law

Sankar Ram

and Co. v.

Kasi Naicker

The use of the principle "ut res magis valeat quam pereat" in the interpretation of Although the literature that has already been written This essay explores how the dictum "ut res magis

this studyinterpretation seeks to close s. the research gap.