Ut Res Magis Valeat Quam Pereat | Latin maxims | Interpretation of Statutes | Law Lecture

In this video we will know about the Latin maxims ut res magis valeat quam pereat It is better for a thing to have effect than to be made void. The maxim “Ut Res Magis Valeat Quam Pereat” is a rule of construction which literally means the construction of a rule should give effect to the rule rather than destroying it .i.e., when there are two constructions possible from a provision, of which one gives effect to the provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the latter is discarded.
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It generally starts with a presumption in favour of constitutionality and prefers a construction that embarks the statute within the competency of the legislature. But it is to be noted that when the presumption of the constitution fails, then the statutes cannot be rendered valid or operative accordingly. The landmark case of Indra Sawhney (2000), where the Supreme Court struck down the state legislation as it was violative of constitution and ultra-vires of the legislative competency.
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I suggest you should make more videos explained in English