Literal Meaning
The best interpreter of laws is custom.
Explanation
This maxim means that the customs are the best interpreters of law. A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. In order for custom to become a source of law, it must be approved by the competent legislator. Custom in canon law is not simply created by the people through their constant performance of a certain act, but it is the constant performance of a certain act, with the intention of making a custom, which is approved by the competent legislator, thereby acquiring the force of law.
Origin
Latin
Case References
Hira Lal Ghosh v. King-Emperor, 1924 SCC OnLine Cal 83
In this case Sir Lawrence Jenkins, C.J observed about maxim Optima est legum interpres consuetude that he did not agree with the view, for the custom indicated by the learned Judge could not alter the plain words of the Act.
Jagdish Amritlal Karia v. Bombay municipal Corporation of Greater Bombay, 2014 SCC OnLine Bom 1650
The reason is that in a case where the meaning of an enactment is obscure, the Court may resort to contemporary construction that is the construction which the authorities have put upon it by their usage and conduct for a long period of time. The principle applicable is Optima est legum interpres consuetude.
National and Grindlays Bank Ltd. v. Municipal Corporation for Greater Bombay (AIR 1969 SC 1048)
In this case the interpretation of S. 146(2) of the Bombay Municipal Corporation Act (3 of 1888) came up for consideration and the following view was expressed:—“Even upon that assumption we think that the view of the law expressed by the Bombay High Court in this case ought not to be interfered with. The reason is that in a case where the meaning of an enactment is obscure, the Court may resort to contemporary construction that is the construction which the authorities have put upon it by their usage and conduct for a long period of time. The principle applicable is Optima est legum interpres consuetude.
Edited by Sree Ramya
Approved & Published – Sakshi Raje
