STRICT CONSTRUCTION AND LIBERAL CONSTRUCTION

These two concepts hold a very strong and evident position in regard to the interpretation of the statutes.
As the word in itself suggests that “Strict” would mean to be the one with rigid and firm ground basis and “Liberal” would suggest being a more flexible and adaptable to situations or circumstances.
Strict construction:
Strict construction holds a very “hard-bound” system with it, which does not involve any scope of flexibility or plasticity with it and just averts in one single direction without paving out any ways of alternations or inter-lineation. Strict construction works with a rule of yesteryear’s concept and sticking to those rules without having any other course of actions to be adopted.
These constructions follow the plain simple meaning and do not involve any ambiguities. They just follow the path of those plain simple words as on paper without applying their own minds or ideas to it. These constructionist’s have a direct approach towards interpretation and do not involve any confusion with it.
Judges in the cases where any ambiguity or confusion is involved apply their mind otherwise according to the written customs, maxims, etc. they are not advised to apply their mind and just go with the plain simple meaning of the words being put up. Only fair meaning of the word is applied and given by in the cases where no ambiguity or falseness appears.
Strict constructions are what the judges are suggested to follow upon in cases of criminal statutes, as these do not allow any enlarged by implication or intent beyond the fair meaning of the language used or the meaning that is reasonably justified by its terms. Criminal statutes, therefore, will not be held to encompass offenses and individuals other than those clearly described and provided for in their language.
These are considered more penalizing.
LIBERAL CONSTRUCTION:
The term Liberal Constructionist refers to persons who believe in a variety meanings for different parts of the constitution. They do so by arguing for different meanings on constitutional representations. They are more common within the federal government system.
Liberal constructionist’s therefore believed in a variety of meaning’s and words in regard to any statute. They are more flexible in their thinking and ideas than the strict constructionist. Unlike strict constructionist, liberal one’s argue for meaning’s and derive various other meaning’s for any interpretation. These do not have dominion nature as to deal with the constitution or any other law interpretations as the basic nature they carry with them are of “LIBERAL’S”.
Loose construction is also what they constitute of; they follow the line of flexible constitution, which allows them to have their own beneficial aspect attached to the interpretation of the statute.
In case of any ambiguities or doubts involved in the words, liberal constructions are followed for the interpretation as they will not stick themselves to one meaning and further would try to bring some alternatives to the word which would suit best to the circumstances and situations leading by.
These are considered to be more remedial in nature.
CONCLUSION:
Therefore, in criminal law strict constructions are suited best according to various studies conducted. As they would not allow any doubt with them, because they have followed one single path of road of interpretation without any pothole on their way. Strict constructions are some yesteryears plain meaning rule concepts which are not always suitable for situations demanding for any flexibility in their provisions which involve some ambiguity to it. But this gap is fulfilled by the Liberal rule of construction which would involve some alternative for the interpretation and clear the ambiguities involved to it by applying his own mind and creating a meaning or interpretation beneficial for the parties involved to that law.
None of the above rules explained could be put up in the category of weak or strong, as they both are prominent and hold a strong opine in regard to the circumstances that go with it.
BY: DEVIKA SHARMA