'Mandatory and Directory Or Permissive Words'

Statutory interpretation: 'shall' and 'must' are mandatory, 'may' is directory unless legislative intent suggests otherwise

This manual discusses the legal principles governing statutory interpretation of mandatory versus directory language in Indian law. The primary rule establishes that 'shall' and 'must' are typically mandatory while 'may' is generally directory or permissive, though courts often must interpret legislative intent when these terms are used interchangeably. Courts presume legislature intended words in their natural meaning unless such interpretation leads to absurdity or contradicts obvious legislative intent. Mandatory words may be construed as directory and vice versa when the statute's overall language, nature, and purpose indicate different legislative intent, particularly regarding public rights or constitutional requirements. However, such opposite construction requires unequivocal evidence to avoid defeating legislative intent. Prohibitive or negative words are rarely directory and typically indicate mandatory statutory requirements.