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]

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.


Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.