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What is the "Reading Down" provision in legal interpretation?
  • a)
    A method for rewriting laws entirely
  • b)
    A technique to broaden the meaning of statutory provisions
  • c)
    An approach to give a narrowed or restricted meaning to a provision
  • d)
    A process of invalidating provisions without consideration
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
What is the "Reading Down" provision in legal interpretation...
The Supreme Court recently observed that if a plain reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not be applied just because the clause imposes harsher consequences.
About 'Reading Down' the clause:
  • “Reading Down” provision is one of the many methods the court may turn to when it finds that a particular provision, if for its plain meaningcannot be saved from invalidation.
  • It refers to a legal interpretation approach where a court, while examining the validity of a statuteattempts to give a narrowed or restricted meaning to a particular provision to uphold its constitutionality.
  • When a court encounters a provision that, if interpreted according to its plain and literal meaning, might lead to constitutional or legal issues, the court may opt to read down the provision.
  • Reading down involves construing the language of the provision in a manner that limits its scope or application, making it consistent with constitutional or legal principles.
  • So, by restricting or reading it down, the court makes it workable to salvage and save the provision from invalidation.
  • This principle is rooted in the idea that courts should make every effort to preserve the validity of legislation and should only declare a law invalid as a last resort.
  • The rule of “Reading Down” is only for the limited purpose of making a provision workable and its objective achievable.
Hence option c is the correct answer.
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What is the "Reading Down" provision in legal interpretation?a)A method for rewriting laws entirelyb)A technique to broaden the meaning of statutory provisionsc)An approach to give a narrowed or restricted meaning to a provisiond)A process of invalidating provisions without considerationCorrect answer is option 'C'. Can you explain this answer?
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