An Analysis of the Scope of Judicial Overreach in the Context of Legislative Intent

Abstract

Legislative intent is considered to be one of the aids to statutory interpretation. This article looks at the theoretical justifications behind usage of legislative intent as a tool of statutory interpretation. The monopoly of the legislature in law making is acknowledged by the judiciary when it examines the legislative intent in interpreting statutes. It is argued that this justification is obsolete and is being increasingly used as a cover for judicial lawmaking. Without getting into the pros and cons of judicial overreach, this article analyses the role of legislative intent-hunting in keeping alive the myth of legislative supremacy in India. This article calls for further research on the possibility of restriction of the use of terminology of ‘legislative intent’ in cases where it is clearly absent. On the contrary, where the gulf between statutory text and the intended effect is bridged using judicial standards and criteria, the said principle should be termed ‘judicial intention’.