1. Principles of the Interpretation of the Constitution “the essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” - Salmond Mian Ali Haider L.L.B., L.L.M (Cum Laude) U.K.

2. Introduction The exercise of the judicial power of the apex courts often requires courts to construe statutes in applying them in particular cases and controversies. The exercise of the judicial power of the apex courts often requires courts to construe statutes in applying them in particular cases and controversies. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Beyond this, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters, legislators, implementing agencies, and private parties. Beyond this, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters, legislators, implementing agencies, and private parties.

3. Before we dwell our self into detail discussion with reference principles of interpretation of statutes. Before we dwell our self into detail discussion with reference principles of interpretation of statutes. In a slip shot manner it is necessary to outline here that this is an age of “INFORMED INTERPRETATION” In a slip shot manner it is necessary to outline here that this is an age of “INFORMED INTERPRETATION” The days are gone when the courts adopted strict constructionist view of interpretation which require them to do literal meaning of the language. The days are gone when the courts adopted strict constructionist view of interpretation which require them to do literal meaning of the language. The court now adopt “PURPOSIVE” approach which seek to give effect to the true purpose of legislation The court now adopt “PURPOSIVE” approach which seek to give effect to the true purpose of legislation (Muhammed Nawaz Sharief Case : PLD 1993 SC473: Farooq Ahmed Khan Lagari Case PLD 1999 SC 57

4. INFORMED INTERPRETATION “The interpreter is to infer that the legislator, when settling the wording of an enactment intended to be given a fully informed, rather than a purely literal interpretation…Accordingly the court does not decide whether or not any real doubt exists as to the meaning of an enactment (and if so how to resolve it) until the court has first discerned and considered, in the light of the guides to legislative intention, the context of an enactment, including all such matters as may illumine the text and make clear the meaning intended by the legislature in the factual situation of the instant case” “The interpreter is to infer that the legislator, when settling the wording of an enactment intended to be given a fully informed, rather than a purely literal interpretation…Accordingly the court does not decide whether or not any real doubt exists as to the meaning of an enactment (and if so how to resolve it) until the court has first discerned and considered, in the light of the guides to legislative intention, the context of an enactment, including all such matters as may illumine the text and make clear the meaning intended by the legislature in the factual situation of the instant case”

5. PEPPER Vs. HART This was the classic case which changed the traditional view that parliamentary material (Hansard, as called in England) is not to be consulted as an aid to statutory construction. This was the classic case which changed the traditional view that parliamentary material (Hansard, as called in England) is not to be consulted as an aid to statutory construction. There was two hearing of the case. At the end of the first, when the law lords had not had the benefit of parliamentary material, the majority were for interpreting the relevent taxing provion in such a way as to make appellants liable to tax. There was two hearing of the case. At the end of the first, when the law lords had not had the benefit of parliamentary material, the majority were for interpreting the relevent taxing provion in such a way as to make appellants liable to tax. At the 2 nd hearing, they were referred to the hansard which showed that the Financial Secretary to the treasury, during the passage of the bill, containing the relevent provision, had, in effect, assured the house of commons it was not intended to impose the tax. At the 2 nd hearing, they were referred to the hansard which showed that the Financial Secretary to the treasury, during the passage of the bill, containing the relevent provision, had, in effect, assured the house of commons it was not intended to impose the tax.

6. The HOL, by Majority, therefore, decided in favour of the tax-payers. The HOL, by Majority, therefore, decided in favour of the tax-payers. That the courts now adopt a purposive approach which seek to achieve. That the courts now adopt a purposive approach which seek to achieve. Following are some of the most important and basic pinciples of interpretation which are settled by high and respectable authorities and as to which there can be no dispute. Following are some of the most important and basic pinciples of interpretation which are settled by high and respectable authorities and as to which there can be no dispute. As to them, it needs to be always borne in mind and they have not been explained in this lecture in order of importance As to them, it needs to be always borne in mind and they have not been explained in this lecture in order of importance These have developed from courts’ decisions and there is no such thing as “Completely hierarchy” among them These have developed from courts’ decisions and there is no such thing as “Completely hierarchy” among them

7. All statutory provisions have to be interpreted harmoniously and consistently with the constitution the paramount law (State V. Qaim Ali Shah 1992 SCMR 2192) All statutory provisions have to be interpreted harmoniously and consistently with the constitution the paramount law (State V. Qaim Ali Shah 1992 SCMR 2192) It is now also well settled that all law must conform to and be interpreted according to injunctions of Islam (Zaheer Ud Din Case- 1993 SCMR 1718) It is now also well settled that all law must conform to and be interpreted according to injunctions of Islam (Zaheer Ud Din Case- 1993 SCMR 1718) The language of the provision is ambigious or is capable of The language of the provision is ambigious or is capable of