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Important Legal Definitions

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Meaning of "May" vs. "Shall"

Canons of Statutory Interpretation

Definition

Shall: Ordinarily indicates a mandatory, imperative statutory obligation.

May: Ordinarily indicates a discretionary, directory, or enabling power.

Contextual Rule: Courts can interpret "may" as "shall" (mandatory) where a public duty is conferred for public benefit, and "shall" as "may" (directory) where procedural non-compliance causes no prejudice.

Example

In State of U.P. v. Babu Ram Upadhya, the Supreme Court laid down that whether "shall" is mandatory or directory depends on the legislative intent, the subject matter, and whether failure to follow it invalidates the act.