Interpretation of StatuteUse of may or shall – whether a provision is directory or mandatory

October 24, 20150

Constitution of State Human Rights Commission

Provision under S. 21(1), is mandatory and does not depend upon discretion of State Government, despite use of word may in S. 21(1). Use of word may or shall cannot conclusively decide whether a provision is directory or mandatory.

It depends upon object and purpose of enactment and the context in which the expression is used.

Even if words may and shall occur at similar places/for a similar purpose in different provisions, it may not mean that the legislative intention is to make a distinction. [D.K. Basu v.State of W.B., (2015) 8 SCC 744]

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