Tuesday, July 14, 2020

Ultre Mages Valeat Quam Pereat

It is a rule of construction which literally means the construction of a rule should give effect to the rule rather than destroying it that is when there are two constructions possible from a provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the later is discarded. It generally starts with the presumptions in favor of constitutionality  and prefer a construction which embarks the statutes within the competency of the legislature. But it is to be noted that when the presumption of the constitution fails, then the states cannot be held valid or operative accordingly.
The landmark case of Indra Sawhney (2000), where the Supreme Court struck down the state legislation as it was violative of constitution and ultra-vires of the legislative competency.
The act of the interpretation would begin from taking the liberal or dictionary meaning of the words of a statute, subjecting them to a scrutiny in light of its objective and only if such meanings do not give a correct sense of act should we resort to altering the meanings of the words according to the content.

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