INTERPRETATION OF STATUTES
SUPREME COURT OF INDIA while deciding on 11/09/09 the Criminal appeal No.1758 of 2009 in re: STATE vs PARMESHWARAN SUBRAMANI observed as follows:-
QUOTE: In a plethora of cases, it has been stated that where, the language is clear, the intention os the legislature is to be gathered from the language used. It is not the duty of the court either to enlarge the scope of legislation or the intention of the legislature, when the language of the provision is plain. The court cannot rewrite the legislation for the reason that it had no power to legislate. The court cannot add words to a statute or read words into it which are not there. The court cannot, on an assumption that there is a defect or an omission in the words used by the legislature, correct or make up assued deficiency, when the words are clear and unambiguous. Courts have to decide what the law is and not what it should be, The courts adopt a construction which will carry out the obvious intention of the legislature but cannot set at naught legislative judgement because such course would be subversive of constitutional harmony. [See : U.O.I. & anr. vs DEOKINANDAN AGGARWAL -- 1992 SUPP (1) SCC 323.]
[For full text of the judgement, please visit http://www.taxesinindia.com and click on the citation taxind_2009_sc_cra_1758]
SUPREME COURT ORDERS
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