INTERPRETATION, CONSTRUCTION & RULES

• The word ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to explain or
expound or to understand or translate.
• Interpretation is a process through which one arrives at the true and correct intention of the law-making
body which is laid in the form of statutes.
SIGNIFICANCE/NEED

• The ambiguity of the words used in the statute

Sometimes there will be words that have more than one meaning. And it may not be clear which
meaning has to be used. There could be multiple interpretations made out of it.
• Change in the environment
We all know that society changes from time to time and there may be new developments happening in
a society that is not taken into consideration, this lacks the predictability of the future event.
• Complexities of the statutes
usually statutes are complex and huge, it contains complicated words, jargon and some technical terms
which are not easy to understand and this complexity may lead to confusion.
• When legislation doesn’t cover a specific area
Every time when legislations are out it doesn’t cover all the area it leaves some grey areas and
interpretation helps in bridging the gaps between.
• Drafting error
The draft may be made without sufficient knowledge of the subject. It may also happen due to the lack
of necessary words and correct grammar. This makes the draft unclear and creates ambiguity in the
legislature.
• Incomplete rules
There are few implied rules and regulations and some implied powers and privileges which are not
mentioned in the statute and when these are not defined properly in the statute this leads to ambiguity.
INTERPRETATION & CONSTRUCTION

CONSTRUCTION: The process by which the meaning of an ambiguous provision of a statute, written document,
or oral agreement is determined.
RULES OF CONSTRUCTION

• A rule of construction is a principle that either governs the effect of the ascertained intention of a
document or agreement containing an ambiguous term or establishes what a court should do if the
intention is neither express nor implied.
1. RULE OF HARMONIOUS CONSTRUCTION
• When there is a conflict between two or more statues or two or more parts of a statute then the
rule of harmonious construction needs to be adopted.
• The rule follows a very simple premise that every statute has a purpose and intent as per law
and should be read as a whole.
• The rule of harmonious construction is the thumb rule to interpretation of any statute.
Harmonious Construction should be applied to statutory rules and courts should avoid absurd or
unintended results.
• It should be resorted to making the provision meaningful in the context.
• Rule of Harmonious construction is applicable to subordinate legislature also.
• CIT V HINDUSTAN BULK CARRIERS: 5 PRINCIPLES
o The courts must avoid a head on clash of seemingly contradicting provisions and they
must construe the contradictory provisions so as to harmonize them.
o The provision of one section cannot be used to defeat the provision contained in another
unless the court, despite all its effort, is unable to find a way to reconcile their
differences.
o When it is impossible to completely reconcile the differences in contradictory provisions,
the courts must interpret them in such as way so that effect is given to both the
provisions as much as possible.
o Courts must also keep in mind that interpretation that reduces one provision to a useless
number or dead is not harmonious construction.
o To harmonize is not to destroy any statutory provision or to render it fruitless.
2. RULE OF BENEFICIAL CONSTRUCTION
• Beneficent construction involves giving the widest meaning possible to the statutes.
• When there are two or more possible ways of interpreting a section or a word, the meaning
which gives relief and protects the benefits which are purported to be given by the legislation,
should be chosen.
• A beneficial statute has to be construed in its correct perspective so as to fructify the legislative
intent.
• There is no set principle of construction that a beneficial legislation should always be
retrospectively operated although such legislation such legislation is either expressly or by
necessary intendment not made retrospective.
• Beneficial Construction of statutes have enormously played an important role in the
development and beneficial interpretation of socio – economic legislations and have always
encouraged the Indian legislators to make more laws in favour of the backward class of people in
India.
• Limitation On The Application Of Beneficial Construction
o Where the courts find that by the application of the rule of beneficial construction, it
would be re legislating a provision of statute either by substituting, adding or altering any
provision of the act.
o Where any word in a statute confers to a single meaning only. Then the courts should
refrain from applying the rule of benevolent construction to the statute.
o When there is no ambiguity in a provision of a statute so construed. If the provision is
plain, unambiguous and does not give rise to any doubt, the rule of beneficial
construction cannot be applied.
• Socio-economic legislation which is aimed at social or economic policy changes, the
interpretation should not be narrow.
• Justice Krishna Iyer in a case relating to agrarian reforms observed that “the judiciary is not a
mere umpire but also an active catalyst in the constitutional scheme”.
• In the case of Sant Ram v Rajinderlal, the Supreme Court said that welfare legislation must be
interpreted in a third World perspective favoring the weaker and poor class.
•Industrial Disputes Act 1947 is one of welfare statute which intends to bring about peace and
harmony between management and labour in an industry and improve the service conditions of
industrial workers which in will turn accelerate productive activity of the country resulting in its
prosperity.
• When a statute is meant for the benefit of a specific class, and if a word in the statute is capable
of two meanings, one which would preserve the benefits and one which would not, then the
meaning that would preserve the benefits must be adopted and shall be followed by the court of
law. It is important to note that omissions will not be supplied by the court. Only when multiple
meanings are possible, can the court shall pick the beneficial one. [TENDENCY NOT RULE]
3. RULE OF PURPOSIVE CONSTRUCTION:
• Here judges do not go by the letter of the law, but they look into the intention and the spirit
of the statute.
• Legislative intention is a fictitious concept.
• The legislative intention with respect to a particular statute can be an intention of the
majority of the parliamentarians.
• In mischief rule, the court resorts a particular act intended to remedy but purposive
construction looks into the overall intention of the parliament on the statute. In this way,
purposive construction is wider than the mischief rule.
INTENTION OF LEGISLATURE

• The legislature is presumed to have a certain meaning of the words of any particular statute.
• Any statute framed should be in accordance with such meaning.
• During the interpretation of any statute, the rules of interpretation are used to gather the facts and they
are processed to clear the ambiguity and vagueness of the statute and to get a clear meaning to the
word.
Principles Used to Find Intention of Legislature/ Rules of Interpretation
LITERAL RULE

• The rule of literal construction is considered to be the first and the most elementray rule of
construction.
• It looks into what the law says, not what the law means and considers the original meaning of the word.
• Here judges cannot come up with the words and interpret according to the case basis.
• When the language used is simple and the words have only one meaning to it at that time judges will
use this literal rule of interpretation.
• When there are no two meanings to a word. This rule helps courts from taking sides. If any word in the
statute has a special meaning to it, usually it will be mentioned in the interpretation clause, all technical
words are given ordinary meaning if the statute has not specified it. Usage of the appropriate words is
very important and makes a lot of difference in the meaning of the context.
• R v. Harriss, 1836
o The defendant bit off the victim’s nose. The statute says it is offence ‘to stab cut or wound’ a
person. Here the court applied the literal rule, the act of biting did not come within the meaning
of stab cut or wound as these words implied an instrument had to be used. Therefore the
defendant’s conviction was quashed.
• Fisher v. Bell, 1960
o Under the ‘offensive weapons act of 1959’, it is an offence to offer certain offensive weapons for
sale. Bristol shopkeeper, James Bell displayed a flick knife in his shop window. When brought to
trial it was concluded that Bell could not be convicted given the literal meaning of the statute.
The law of contract states that having an item in a window is not the intention of sale but is an
invitation to treat. Given the literal meaning of this statute, Bell could not be convicted.
• Pritipal Singh V. Union Of India
o There was the criminal case was against the defendant, the charge sheet was filed as per the
violations and provisions under the ‘Narcotic Drugs and Psychotropic Substance Act, 1985’ and
the interpretation of words was in question. The court emphasized the literal rule of
interpretation.
o It was held that there is a presumption that the words which are used in the statutes are correct
and exact and it is inappropriately made.
• CRITISIM OF LITERAL RULE
o Judges started giving more importance to the literal meaning of the statutory provisions without
considering the wider meaning of the context.
o This method ignores the limitations of the language.
o Words undergo changes in their meaning as time passes.
o Basing it on a wrong assumption that a word has only one fixed meaning.
o Lack of clarity in the statute.
o This leads us to prejudices and determines the meaning of the statute.
MISCHIEF RULE (HEYDON’S CASE):

• The mischief rule is a kind of statutory interpretation where it attempts to determine the intention of
the legislators.
• It basically originated in the 16th century by the Heydon’s case in the united kingdom.
• The main objective of this is to find out the mischief and defect of the previous statute which was in
question and how the new statute will come up with the remedy that resolves the defect.
• This rule is also called as purposive construction as there is a purpose behind making this ruling. Here
court attempts to know the intention of the legislators for bringing in the change in the law.
• Heydon’s Case
This case helps us to know the 4 important points which we have to keep in mind while statute
interpretation.
o What was the common law before the making of the act?
o What was the mischief or defect which the common law did not provide?
o What remedy the Parliament had resolved by appointing to cure the disease of the
commonwealth?
o What is the true reason behind the remedy?
• Thomas v. Lord Clan Morris
o Here it was stated that interpretation of any statutory enactment should not only restrict them
to the interpretation of words and phrases used, but they should also look at the history of the
act and the reasons behind passing such acts.
• Bengal immunity co. V. State of Bihar, 1955
o In this case, they have applied the mischief rule in the construction of Article 286 of the
constitution of India.
o Here Supreme Court has looked into the history of article 286 and also the reasoning behind it by
considering both of it they have interpreted the statute by mischief rule.
• Elliot V. Grey, 1960
o According to the Road Traffic Act of 1930 uninsured cars are not allowed to be driven or parked
on the road. The defendant’s car was parked on the road near the public place but he was not
using it.
o The defendant was held guilty because the parliament has passed a bill which states that people
should insure their car only then they can drive the car.
o The mischief rule was applied by the court by stating that the car being used in the road if in case
the car causes an accident, insurance would be required. The reason behind this was that people
should be compensated when they are injured by such incidents and danger caused to them by
others.
• Advantages:
o Law commission finds mischief rule more efficient as it opposed to Literal and Golden rule.
o It avoids unjust and absurd results in sentencing.
• Disadvantages:
o It is considered as an outdated rule as it came into the picture in the 16th century.
o Gives excess power to the judiciary who are unelected and it is considered undemocratic.
o This makes the law uncertain.
o In the 16th century, the kings used to give judiciary complete power to draft laws so at that time
they were well qualified about the mischief acts.
Words coupled together to take colour from each other: When two or more words which have analogous
meaning are coupled together, they are to be understood in proper sense and not in a wrong way. This rule will
not apply in a case where the legislature has used more or wider words to widen the scope of any provision.
THE GOLDEN RULE

• The Golden rule is also called as British rule of interpretation, it is a form of statutory interpretation
which allows a judge to depart from a normal meaning of the word in order to avoid an absurd result.
• This method of interpretation is also known as the compromise method between literal rule and the
mischief rule. In the literal rule, judges will only use the word meaning nothing else, but sometimes this
may be irrational and gives us unexpected results which will be unlikely to the legislator’s intention.
• This rule is used in two main situations:
o When the meaning of the word is too narrow.
o When the word itself has ambiguity or absurdity.
• Absurdity or hardship:
o The court will have no power to give the language of a statue a meaning which is wider than the
literal one, until there is any reason compelling to give another meaning.
o If while interpreting natural meaning results in any sought of repugnance, ambiguity, absurdity
or hardship then the court must modify the aiming to the extent of injustice or absurdity caused
and no further to stop the results.
o If a literal interpretation of a statute leads to absurdity, hardship or injustice, presumably not
Intended, then a construction may be put upon it which modifies the meaning of the words and
even the structure of the sentence.
• R v. Allen, 1872
o The defendant was charged with an offence of bigamy under section 57 of ‘offence against
person act 1861’. The statutes states “whomsoever being married shall marry any other person
during the lifetime of husband and wife is guilty of an offence.”
o Under the literal rule of interpretation of this section, the offence would be impossible to
commit since the civil law will not recognize a second marriage as an attempt to marry in such
circumstances would not be recognized as a valid marriage.
o Court applied the golden rule and held that the word marriage should be interpreted as ‘to go
through a marriage ceremony.’ The defendant was convicted and held guilty.
• Adler v George case, 1964
o Under section 3 of the ‘official secrets act,1920’ it was an offence to obstruct HM Forces in the
vicinity of a prohibited area. Adler was arrested for obstructing forces whilst in a prohibited area.
Under The Literal Rule, Adler was not in the vicinity of the area, he was in the area and so was
not infringing the terms of the act. The Golden Rule was applied to extend the meaning of
‘vicinity’ and avoid the possible absurd outcome.
• Uttar Pradesh Bhoodan Yagna Samiti v. Brij Kishore
o The Supreme Court held that the expression “landless person” used in Section 14 of the ‘U.P.
Bhoodan Yagna Act, 1953,’ which made provision for grant of land to landless persons, was
limited to “landless labourers”. Landless labour is he who is engaged in agriculture but having no
agricultural land.
o The Court further said that “any landless person” did not include a landless businessman residing
in a city. The object of the Act was to implement the Bhoodan movement, which aimed at the
distribution of land to landless labourers who were verged in agriculture. A businessman, though
landless cannot claim the benefit of Act.
• Criticism
o This infringes the separation of power among the wings of the government that is between
judiciary and legislature.
o Here judges can technically change the law by changing the meaning of the words in the statute.
o This method can be used only when there is an absurdity in the statute.

AIDS TO INTERPRETATION OF STATUTES

• An Aid is considered as a tool or device which helps in interpreting a statute, the court can take help
from internal aids to interpretation (i.e. within statutes) or external aids to interpretation (i.e. outside
the statutes)
A. INTERNAL AIDS TO INTERPRETATION
• Internal aids means those aids which are available in the statute itself, court can interpret the statute by
employing such aids which are as follows:
o Title of the statute
There are basically two types of title-
▪ Short Title
➢ The short title of the Act is only its name which is given solely for the purpose of
reference and identification.
➢ Short title is mention under Section 1 of the Acts and ends with the year of
passing of the Act.
➢ Example- Section 1 of CPC says, This Act may be cited as Code of Civil Procedure,
1908.' Section 1 of Indian contract Acts says, This Act may be called as Indian
Contract Act, 1872.
▪ Long Title
➢ The long title is mention under certain acts whose purpose is to give a general
description about the object of the act.
➢ However, it is not considered as a conclusive aid to interpretation of statutes as it
doesn't resolve ambiguity arising in words or expression under statutory provision
but only provide a general idea of the act.
➢ Example- The long title of CrPC says, An act to consolidate and amend the laws
relating to the criminal procedure. Also, the long title of CPC says, “An act to
consolidate and amend the laws relating to the procedure of the courts of civil
judicature.
o Preamble
▪ Preamble is a tool for internal aid to interpretation as it contains the main objects and
reasons of the Act.
▪ The rule of interpretation of preamble is that when a language of an enactment is clear
and unambiguous, the preamble has no part to play but if more than one interpretation
is possible, a help can be taken from preamble to ascertain the true meaning of the
provision.
▪ The preamble is mention on the very first page of the act but modern acts doesn't pass
with preamble which is declining its importance.
▪ State of West Bengal v. Anwar Ali
➢ the constitutionality of Section 5 of the West Bengal special courts act, 1950 was
challenged on the grounds of violative of Article 14 of the constitution as the
provision in the act authorize state government to select a particular case which
deserved to be tried by special courts having special procedure. The Supreme
Court take help of the preamble of the said Act and held that state government
has discretion to choose such cases.
o Marginal notes
▪ Marginal notes are inserted at the side of the sections in an act which express the effect
of the section but they are not part of statute.
▪ They are also known as Side notes and are inserted by drafters and not legislators.
▪ The rule of interpretation is that in olden times a help is used to be taken from marginal
notes when the clear meaning of the provision is in doubt but as per modern view of the
court, marginal notes doesn't have any role to play because either they are inserted by
legislators nor does they form the part of the statute.
▪ However, for interpreting constitution many times marginal notes are referred because
they are made by constituent assembly.
▪ Bengal Immunity Company v. State of Bihar
➢ the Supreme Court held that the marginal notes of Article 286 is the part of the
Constitution of India which talks about Restrictions as to imposition of the tax on
the sale or purchase of goods therefore, it could be relied on to furnish a clue to
the purpose and meaning of the article.
o Headings
▪ Headings are prefixed to sections or a group or set of sections.
▪ These headings have been treated by courts as preambles to those sections or sets of
sections.
▪ The rule of interpretation is that the heading can't control the plain words of the
provision but if after the plain reading of the section more than one meaning is possible,
only then the court may seek guidance from the headings.
▪ Tolley v. Giddings
➢ interpretation of section 217 of Road Traffic Act was in question which provides
that a person could be held liable of an offence if he allowed himself to be driven
away in a motor vehicle without the consent of its master.
➢ The heading of the provision is Miscellaneous and general' and sub heading is
Penalization of taking motor vehicle without authority'.
➢ The court held that headings to the section clearly explain the intention of the
legislature and thus the passenger would be held liable of an offence.
o Illustration
▪ Illustration are appended to a section of a statute with a view to illustrating the law
explained in the provision.
▪ Such illustration manifest the intention of the legislature and can be referred in the case
of ambiguity or repugnancy.
▪ However, the court emphasis through various judgments that it doesn't explain the
whole principle explain in the section through illustration nor does it curtail the ambit of
the section.
▪ In the case of repugnancy between section and illustration, section will prevail.
▪ Example- Section 378 of theft in IPC has 16 illustrations attached to it.
o Explanation
▪ The explanations are inserted with the purpose of explaining the meaning of a particular
provision and to remove doubts which might creep up if the explanation had not been
inserted.
▪ The purpose of explanations are to explain the meaning and intention of act, to clarify in
case of obscurity or vagueness and to provide additional support to the object of the act.
▪ However, it doesn't expand or curtail the meaning of the provision but only tries to
remove uncertainty and in the case of conflict between explanation and main section, the
duty of the court is to harmonize the two.
▪ Example- section 108 of IPC defines the word abettor' which has five explanation attach
to it.
o Definition or Interpretation clause
▪ It define certain words used elsewhere in the body of statute with the purpose to avoid
the necessity of frequent repetitions in describing the subject matter and extend the
natural meaning of some words as per the statute.
▪ It also define intention of the legislature in respect of words mention in statute and avoid
confusion.
▪ The rule of interpretation is that whenever the words means or means and include' are
used in definition, it makes the definition exhaustive and don't allow to interpret the
definition widely but if the word includes' is used in the definition it provide widest
interpretation possible to the definition or enlarge the ordinary meaning of the word.
▪ However, if the definition clause will result in an absurdity, the court will not apply such
definitions and the definition clause of one act can't be used to explain same word used
in another statute except in the case of statutes in pari materia.
▪ Mahalaxmi Oils Mils v. State of A.P
➢ interpretation of word tobacco was in question which said tobacco means any
form of tobacco whether cured or uncured or manufactured or not and includes
leaf stalks and steams of tobacco plant. The SC held that the definition is
exhaustive and refused to include tobacco seeds under the definition of tobacco.
o Punctuation
▪ Punctuation are put in the form of colon, semi colon, comma, full stop, dash, hyphen,
brackets etc
▪ In earlier times statutes are passed without punctuations and therefore, the courts were
not concerned with looking at punctuations but in modern times statutes are passed with
punctuations.
▪ The rule of interpretation is that while interpreting the provision in punctuated form, if
court feels repugnancy or ambiguity the court shall read the whole provision without any
punctuation and if the meaning is clear will so interpret it without attaching any
importance.
o Schedules
▪ Schedule are the part of statutes which are mentioned at the end of the act.
▪ It contains details prescribe form of working out policies and contains subjects in the
form of lists.
▪ In the case of clash between schedule and the main body of an act, the main body shall
prevail.
▪ Example- Article 1 of the constitution provides that India shall be union of states and in
schedule 1 name of the states with its territories are mention.
o Saving Clause
▪ Saving Clause are generally appended in cases of repeal and reenactment of a new
statute. It is inserted in the repealing statute.
▪ By this the rights already created under repealed enactment are not disturbed nor are
new rights created by it.
▪ In the case of clash between the main part of statute and a saving clause, the saving
clause has to be rejected.
o Proviso
▪ The proviso to a section has the natural presumption that enacting part of the section
would have included the subject matter of the proviso.
▪ The proviso serve four different purposes- qualify or exempt certain provision, provide
mandatory condition to be fulfilled by to make enactment workable, act as optional
addenda and become integral part of the enactment.
▪ The rule of interpretation of proviso is that it can neither nullify the implication of main
enactment nor can enlarge the scope of main enactment and can only be referred in case
of ambiguity in the section.
▪ In case of conflict between main enactment and proviso, it must be harmoniously
construct or in the view of many jurist proviso will prevail as it is the last intention of the
legislature.
▪ Example- Article 16(4) is considered as proviso of Article 16(1) held in T. Devadasan v.
Union of India.
o Exception
▪ Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision.
▪ In case of repugnancy between exception and main enactment, the latter must be relied
upon. However, in many cases exceptions are relied being the last intention of
legislature.
▪ Example: Section 300 of IPC has five exceptions attached to it.
Difference between proviso and exceptions

• Proviso has a wider function than exception

• an exception only exempt certain things to fall in the main enactment
• whereas, proviso not only exempt certain cases but also provide a mandatory condition, qualification to
the enactment.
• Proviso follows the main enactment whereas exception is the part of main enactment.
B. EXTERNAL AIDS TO INTERPRETATION
• External aids are the aids which are not available inside the statute but outside the statute, the court
may seek help to the external aids in case of repugnancy or inconsistency in the statutory provision
which are as follows:
o Dictionaries
▪ When a word used in the statute is not defined therein or if defined but the meaning is
unclear only in such situation, the court may refer to the dictionary meaning of the
statute to find out meaning of the word in ordinary sense.
▪ The meaning of such words shall be interpreted so to make sure that it is speaking about
the particular statute because words bears different meaning in different context.
▪ Motipur zamindary company private limited v. State of Bihar
➢ the question was whether sales tax can be levied on Sugarcane.
➢ The applicant argued that it is green vegetable and should be exempted from tax.
The dictionary meaning of vegetable said anything which derived or obtained
from the plants.
➢ The SC rejected dictionary meaning and held that in common parlance vegetable
is something which is grown in kitchen garden and used during lunch and dinner
and held that sugarcane is not vegetable.
o Text Books
▪ The court while construing an enactment, may refer to the standard textbooks to clear
the meaning. Although, the courts are not bound to accept such view.
▪ The court time and again referred to mulla, kautiliya, manu, arthshastra.
▪ Example: in Kesavananda Bharthi case, judges quoted large number of books.
o Statement of objects and reasons
▪ The statement of object and reasons are attached to the bill which describe the objects,
purpose and the reason for the bill. It also gives understanding of the background, the
antecedent state of affairs and the object the law seeks to achieve
▪ The parliament before passing a bill must take into consideration that what object a bill
serve to achieve.
▪ However, it is not considered as conclusive aid to interpretation because doesn't impart
the true meaning to the statutory provision.
o Constituent Debates/Speech
▪ It shall compromises all such debate which had taken place in the parliament at the time
of formation of Constitution of India.
▪ In case of inconsistency or repugnancy in the Constitution the court can clearly refer to
such debates.
▪ Indra Sawhney v. Union of India
➢ the interpretation of the expression backward class of citizen' used in Article 16(4)
was in question before the court.
➢ The SC under this case referred to the speech given by B.R. Ambedkar to
understand the context, background and object behind its use of the given
expression.
o Legislative Debates/Speech
▪ It is referred as to debates or speeches which are made in the course of passing a bill in
the parliament by the parliamentarians to put forth their view.
▪ It is not considered as a conclusive aid to interpretation and is therefore, not admissible
because many times speeches are influenced by the political pressure or maybe incorrect
to rely upon.
o Committee Reports
▪ Before the framing of the Bill, usually the matter is referred to a committee to consider it
in detail and give its report thereon.
▪ These reports of the commissions and committee have been referred to as evidence of
historical facts or of surrounding circumstances and used for interpreting the Act.
▪ When there is an ambiguity in the meaning of a provision and the act was passed on the
recommendation of a committee report, aid can be taken from that report to interpret
the provision.
▪ Example: the criminal amendment act was based on the recommendation by J.S. Verma
Committee Report such report can be referred in case of any ambiguity in amendment.
o Foreign laws and decisions
▪ Judges may refer to foreign laws and decision if the jurisprudence of both the countries is
same, similarity in political system and ideology, when there is no domestic law on point
and if the Indian court believe that decision passed by the foreign court is not arbitrary.
▪ However, the foreign courts or decision have only persuasive value as the courts in India
are not bound by the foreign courts.

MAXIMS
EJUSDEM GENERIS

• The expression Ejusdem Generis means of the same kind.

• Normally, general words should be given their natural meaning like all other words unless the context
requires otherwise.
• But when a general word follows specific words of a distinct category, the general word may be given a
restricted meaning of the same category.
• The general expression takes it’s meaning from the preceding particular expressions because the
legislature by using the particular words of a distinct genus has shown its intention to that effect.
• This principle is limited in its application to the general word following less general word only.
• The basis of the principle of Ejusdem Generis is that if the legislature intended general words to be used
in an unrestricted sense, it would not have bothered to use particular words at all.
NOSCITUR A SOCII
• noscitur a socii refers to “the meaning of an unclear or ambiguous word (as in a statute or contract)
should be determined by considering the words with which it is associated in the context
• The applicability of this rule of interpretation arises when a word or phrase in question cannot be
interpreted in isolation and requires the words that surround it to also be understood in order to better
grasp the concept.
• The scope of this rule of interpretation is limited, for it can only be applied in the circumstances where
the law was either not clear or it was ambiguous.
• In the case of Kavalappara Kottarathil Kochuni v. State of Madras the applicability of this rule has been
stated. Here, it was said that the rule is only to be applied when there are general words that follow
other words, where these other words belong to a particular category all those words are similar.
UT RES MAGIS VALEAT QUAM PEREAT

• It is a rule of construction which literally means the construction of a rule should give effect to the rule
rather than destroying it
• 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.
• 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.
EXPRESSIO UNIOUS EST EXCLUSIO ALTERIUS

• Latin phrase that means express mention of one thing excludes all others.
• This is one of the rules used in the interpretation of statutes.
• The phrase indicates that items not on the list are assumed not to be covered by the statute.
• When something is mentioned expressly in a statute it leads to the presumption that the things not
mentioned are excluded.
• This is an aid to the construction of statutes.
GENERALIA SPECILIBUS NON DEROGANT

• Generalia stands from general; Specialibus stands for special.

• When interpreted, it means that general laws do not prevail over special laws or, the general does not
detract from specifics.
• When a law is questioned before the courts, the courts assume that the legislature enacted the law
(under discussion) keeping in mind the welfare of society at heart. Thus, repealing a law is not favoured
and is done only under exceptional circumstances. In case of conflict of interpretation of statutes, this
maxim is applied.
• Using this maxim along with other interpretation tools provides a better understanding of various
statutes thus aiding in implementing the law in a better fashion and preventing repeal.
• This maxim is used in the interpretation of statutes.
• To decide which statute is valid in which case, there should be a conflict between an earlier and a later
statute.

DOCTRINES & PRINCIPLES

PRINCIPLE OF CONSTITUTIONAL INTERPRETATION

• There are a number of principles used by the courts while interpreting the constitution which will be
discussed further in this article.
• The constitution of India as the preamble suggest is the constitution which the people have given to
themselves who is the beneficiary of its provisions and as described by Churchill as:
o little man with a little pencil with a little ballot to vote should never be neglected. It is the
responsibility of the judiciary to apply its mind in the interpreting any provision in question
which affects the individual dignity in any manner. The interpretation by the Judges in an
innovative manner has to be continued keeping in mind the historical growth of the India’s
constitution.
• According to Salmond:
o Interpretation or construction is the process by which the courts seek to ascertain the meaning
of the legislature through the medium of the authoritative forms in which it is expressed.
o The interpretation of the Constitution becomes more important when there is need to
harmonize it with the democratic principles of the State.
• The Indian Constitution is the longest constitution and it is evident that Courts have adopted different
principles in interpreting the basic structure, equality, right to privacy etc.
• the courts have never bind themselves with the literal rule of interpretation only while decicidng any
matter pertaining to constitutional importance.
• In the modern times it is evidently seen that the Judges have started adopting the purposive method of
interpretation in order to understand and implement the intention of the makers of the constitution.
DOCTRINE OF TERRITORIAL NEXUS

• Article 245 Extent of laws made by parliament and by the legislatures of states.
• Subject to the provisions of this constitution, Parliament may make laws for the whole or any part of the
territory of India, and the legislature of a State may make laws for the whole or any part of the state.
• According to clause 2 of Article 245, a law made by Parliament shall not be deemed to be invalid on the
ground that it has extra-territorial operation.
• Doctrine of territorial nexus says that laws made by a state legislature are not applicable outside the
state, except when there is a sufficient nexus between the state and the object.
• The Doctrine of Territorial nexus can be invoked under the following circumstances-
o Whether a particular state has extra-territorial operation.
o If there is a territorial nexus between the subject- matter of the Act and the state making the
law.
o It signifies that the object to which the law applies need not be physically located within the
territorial boundaries of the state,but must have a sufficient territorial connection with the state.
o A state may levy a tax on a person, property ,object or transaction not only when it is situated
within its territorial limits,but also when it has a sufficient and real territorial connection with it.
• Tata Iron And Steel Company vs. Bihar State
o The state of Bihar passed a Sales Tax Act for levy of sales tax
o Issue-
▪ whether the sale was concluded within the state or outside if the goods were produced,
found and manufactured in the state .
o Decision-
▪ The court held there was sufficient territorial nexus and upheld the Act as [Link]
there is sufficient nexus between the law and the object sought to be taxed will depend
upon the facts and circumstances of a particular case.
o It was pointed out that sufficiency of the territorial connection involved consideration of two
elements-
▪ the connection must be real and not illusory
▪ the liability sought to be imposed must be pertinent to that connection.
THE DOCTRINE OF PITH AND SUBSTANCE

• The power granted to legislatures to formulate a statute under three lists of the seventh schedule in the
Constitution of India is bound to overlap at certain points but this can’t be used as a reason to make the
whole statute null and void. Therefore, incidental effects or encroachments are permissible under
Constitutional Law while determining the competence of particular legislatures to the extent of subject
matters in the three lists is in question. This rule is known as the Doctrine of Pith and Substance.
• It becomes applicable in circumstances when the subject matter of one list is in conflict with the subject
matter of another list.
• The reason behind its adoption is to avoid any limitation on the powers of legislatures by declaring
every other enactment invalid basis that it encroaches upon another law.
• It is meant to determine the true nature and character of the subject and decide under which head of
the list it falls.
• The Doctrine provides a degree of flexibility on the powers of the state to make a law that involves the
subject of Union List.
• The first Supreme Court judgment to apply and uphold this doctrine was the F.N Balsara case. The
Supreme Court in the case held that even though the Bombay Prohibition act has incidentally
encroached upon the central power of legislation, it is still valid because the “pith” and “substance” of
the act fell under List II and not under List I.
DOCTRINE OF OCCUPIED FIELD

• As per the doctrine of “occupied field” enshrined in Article 254(1) of the Constitution, if there exists a
Central law on a concurrent subject, then a State law cannot override it.
• However, Article 254(2) provides that if a State law receives presidential assent after due consideration,
then it can apply in contravention to the Central law in that particular State.
DOCTRINE OF COLORABLE LEGISLATION

• The doctrine of Colorable Legislation means' where the constitution of a State distributes the
constitutional realms defined by specific legislative entries or where there are limits on the legislative
authority in the sense of fundamental rights, questions arise as to whether the legislature has not, in a
particular case, the subject-matter of the legislation or the process of activation. In India ' colorable
legislation theory ' implies only a restriction of the legislature's law-making power
DOCTRINE OF REPROSPECTIVE OPERATION OF LAW

Retrospective operations implies to the application of law to facts or actions which existed prior
to the enactment of the said law.A retrospective legislation is contrary to the general principle of prospective operation of law which
regulates future acts without changing the character of past transactions carried on upon the faith of the then existing law. Article 20
(1) of the Constitution of India provides protection against retrospective operation of law commonly known as ex post facto law which
changes the legal consequences of actions committed before the enactment of the law.

ACTS & STATUTES

GENERAL CLAUSES ACT

• In all the Acts and Regulations, made either by the Parliament or Legislature, the words and phrases as
defined in the General Clauses Act and the principles of interpretation laid down in General Clauses Act
are to be necessarily kept in view.
• If while interpreting a Statutory law, any doubt arises as to the meaning to be assigned to a word or a
phrase or a clause used in an enactment and such word, phrase or clause is not specifically defined, it is
legitimate and indeed mandatory to fall back on General Clauses Act.
• Notwithstanding this, we should remember that when there is repugnancy or conflict as to the subject
or context between the General Clauses Act and a statutory provision which falls for interpretation, the
Court must necessarily refer to the provisions of statute
PENAL STATUTE

• Penal statutes provide penalties for disobedience of laws making those who disobey liable to
imprisonment, fine, forfeiture or any other penalty as may be prescribed. Penal statutes enforce
obedience to the commands of law by punishing the law breaker.
• Strict Construction of Penal Statutes – rule of strict interpretation
o A clear language is needed to create a crime, and a statute, enacting an offence of imposing
penalty, is strictly construed. [ Sham Sunder v. State of Haryana (1989)]
o A statute providing for penal prosecution has to be construed strictly. However, this rule is not of
universal application which must necessarily be observed in every case. [Chief Inspector of Mines
v. Karam Chand Thapar (1962)]
• W.H. King v. Republic of India (1952)
o In this case it was observed that a statute which creates an offence and imposes a penalty of fine
and imprisonment must be construed strictly in favour of the subject. The principle, that no
person can be put in peril of his life and liberty on an ambiguity, is well established.
o To put it in other words, the rule of strict construction requires that the language of a statute
should be so construed that no case shall be held to fall within it which does not come within the
reasonable interpretation of the statute. [M.V. Joshi v. M.U. Shimpi (1961)]
o Penal provisions should be construed in a manner which will suppress the mischief and advance
the object which the legislature had in view. [ Lalita Jalan v. Bombay Gas Co. ltd. (2003)]
o The provisions of a penal statute cannot be presumed to have retrospective operation. [Collector
of Customs v. East Punjab Traders (1998]
• Strict rule of interpretation is one of the principles used to interpret fiscal and penal statutes. According
to this rule, plain, clear and direct meaning is given to words which are used in common parlance by the
general public to which such law is applicable.
TAXATION STATUTE

• Taxation statute is a fiscal statute which imposes the pecuniary burden on the taxpayer. So such
statutes are construed strictly. Plain, clear and direct grammatical meaning is given.
• Where there are two possible outcomes then that interpretation is given which is in favour of assessee.
In a Taxation statute, if a word has a clear meaning, then in that case, the court is bound to follow the
clear meaning even if such meaning results in absurd results. It is in legislature’s domain to rectify such
absurdity.
• In case of taxation statutes, Courts cannot extend the scope of law by giving meanings to word which
are unclear or uncertain.
• This is based on the reason that if legislature had thought of such situation then it would have covered it
by using appropriate description and words under the principal act or taxation authority would have
issued some notification clarifying the same.
• Principal of equity has no role to play in case of taxation law. It is because there is lot of deeming legal
fiction involved in tax laws.
• whatever is written must be strictly followed without considering its justness. If the words are clear,
then court has to give that meaning irrespective of consequences it resulted into or in other words even
if such construction is unequitable, then also Court is bound due to legal fiction. Court cannot meet the
deficiency by extending the provisions of the statute.
• It is duty of the legislature to rectify it through amendments.
• In the event of ambiguity in a taxation liability statute, the benefit should go to the subject/assessee.
But, in a situation where the tax exemption has to be interpreted, the benefit of doubt should go in
favour of the revenue, the aforesaid conclusions are expounded only as a prelude to better understand
jurisprudential basis for our conclusion.
SOCIAL WELFARE STATUTES
Beneficial construction
SUBORDINATE STATUTES

• Power conferred by the enabling Act to make subordinate legislation may at times be exercised even
before the commencement of the Act.
• This is made possible by section 22 of the General Clauses Act, 1897, which corresponds to section 37 of
the English Interpretation Act, 1889.74.
• As explained by the Supreme Court, section 22 "is an enabling provision, its intent and purpose being to
facilitate the making of rules, byelaws and orders before the date of commencement of an enactment in
anticipation of its coming into force. In other words it validates rules, bye-laws and orders made before
the enactment comes into force provided they are made after the passing of the Act and are
preparatory to the Act coming into force"
REPEAL & EXPIRY OF STATUTES

• A newly enacted law repudiate the existing one.

• The statute after getting repealed becomes ineffective.
• Statute repealed is abolished by the repealing statute as if it had never been made by the legislature.
• Except for a saving clause, each and every part of the statute is considered unconstitutional.
• In order to validate a transaction made under a repealed statute, the law can retrospectively amend the
statute even after it is obliterated.
• under the General Clause Act, 1987
• If any act made after the incorporation and commencement of this Act, repeals any statute made until
now then until a different intention or object appears between the act and the repeal shall not- effects
the operation commenced under the provision of this Act.
• he primary object of this act is to bring necessary changes in the existing law for changing socio-
economic and cultural conditions from time to time. The purpose of this act is to remove the outdated
or obsolete matter from the body of law.
• When a temporary statute effects a repeal of an existing statute, a question arises whether the repealed
statute revives on the expiry of the repealing statute.
• Section 11(1) and section 38(2)(a) of the Interpretation Act, 1899, in terms are limited to cases of
repeals of a repealing enactment and have no application to a case of expiry of a repealing Act.
• As regards the General Clauses Act, 1897, section 6(a), which corresponds to section 38(2)(a) of the
Interpretation Act, is also in terms limited to repeals; and therefore has no application on expiry of a
repealing statute.

TREATIES
• The power of entering into a treaty or international agreement or convention is a sovereign power of
the State and this power in India is exercised by the President as a part of the Executive power of the
Union under Article 73 of the Constitution and does not need the necessity of legislative backing for its
exercise.
• If the terms of the legislation are not clear, however, and are reasonably capable of more than one
meaning, the treaty itself becomes relevant, for there is a prima facie presumption that Parliament does
not intend to act in breach of International Law, including therein specific treaty obligation; and if one of
the meanings which can reasonably be ascribed to the legislation is consonant with the treaty
obligations and another or others are not, the meaning which is consonant is to be preferred.
• the terms of a treaty or convention do not form part of the municipal law unless they are enforced
directly by legislation enacted by Parliament under Article 253.
• Article 51(c) of the Constitution lays down as one of the directive principles of State Policy that "the
State shall endeavour to foster respect for International Law and treaty obligations in the dealings of
organised people with one another".
• Any International Convention not inconsistent with the Fundamental Rights and in harmony with its
spirit must be read into these provisions (Articles 14, 15, 19 and 21 of the Constitution) to enlarge the
meaning and content thereof, to promote the object of constitutional guarantee"
• The interpretation of international treaties and conventions is governed by Articles 31 and 32 of the
Vienna Convention on the Law of Treaties of 1969.
o The convention in terms applies to the treaties concluded after it came into force but as Articles
31 and 32 do no more than codify already existing public international law66. they have been
referred even for interpreting treaties and conventions concluded earlier. These Articles read as
follows:
▪ Article 31: General rule of Interpretation
▪ Article 32: Supplementary means of interpretation
▪ When statutes are enacted to give effect to a treaty or convention, Articles 31 and 32 of
the Vienna Convention become relevant also for interpretation of such statutes