Interpretation of Statutes N.K.Singh. 6.2 b. Rule of Reasonable Construction/ Golden Rule /of
interpretation.
c. The Mischief Rule or Heydon's Rule or Rule of Purposive construction or Rule of Beneficial construction
d. Rule of Harmonious Construction e. Rule of Ejusdem Generis
f. Rule of exceptional construction
b) Noscitur a sociis
Rule of Literal Construction / Grammatical construction Rule / Cardinal Rule of Interpretation' Adherence to plain grammatical meaning.
When Applicability ?
This rule is valid if, language used in a statute is plain and there is nothing to imply that the words or the language has been used in a special sense different from their ordinary grammatical sense.
According to this rule, the word, phrases and sentences of a statute are ordinarily to be understood in their natural, ordinary or popular and grammatical meaning
unless such a construction leads to an absurdity or
the content or object of the statute suggests a different meaning. The following points must be considered while applying this rule of interpretation:--- Context not to be
ignored.
The interpretation or construction should not only be according to the mere ordinary general meaning of the words, but according to the ordinary meaning of the words as applied to the subject matter with regard to which they are used.
Scientific and
technical language in a statute
It is to be assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, and otherwise in their ordinary meaning.
Rules of grammar The phrases and sentences are to be construed according to the rules of grammar.
Omission not to be inferred
It is a presumption to the general rule of literal construction that nothing is to be added to or taken form a statute unless there are adequate grounds to justify the inference that the legislature intended something, which it omitted to express.
Every word in a statute to be given a meaning
A construction which would leave without effect any part of the language of a statute, will normally be rejected.
Rule of Reasonable Construction:--Golden Rule of interpretation.
Broader interpretation if narrower interpretation fails to achieve purpose - (Ut Res Magis Valeat Quam Pareat).
Non
When this rule is Applicable?
Where literal interpretation fails to achieve main purpose of Law. Where ordinary meaning is not clear.
According to this rule: --- depart from
the dictionary meaning
The words of statute must be constructed so as to give a sensible meaning to them. A provision of law cannot be so interpreted as to break it entirely from common sense, every word or expression used in an Act should receive a fair meaning. In following this principle the Courts can depart from the dictionary meaning of a word and give it a meaning, which will advance the remedy and suppress the mischief.
broader construction
If the choice is between narrower interpretation and broader interpretation, and if the narrower interpretation would fail to achieve the main purpose of the legislation, then such construction, which would reduce the legislation to useless, should be avoided.
In such a case, the broader construction should be accepted based on the view that the Legislature would legislate only for the purpose of bringing about any effective results.
Purpose
policy object or sprite of law.
A construction can be adopted in accordance with the policy and object of the statute.
If the letter of law is not clear, interpretation must be according to the purpose policy object or sprite of law.
1. QUESSTION Explain the principles of grammatical interpretation vis-a-vis logical interpretation especially in the context that the duty of the Court is to administer the law as it stands and not to find out whether the law is just or reasonable. [C.A (Final), Nov.2006]
Ans. There are two way of Interpretation, it may be either grammatical or logical i.e Rule of literal interpretation and Rule if Reasonable Interpretation. Grammatical interpretation does not go beyond the letter of the law. It concerns itself exclusively with the verbal expression of law.
It is a prime task for the person to first examine the language of the Statute and to see what is its natural meaning, which is not influenced by any considerations derived from the previous state of the law. Grammatical Construction avoids additions or substitution of words. Grammatical Construction concentrates only on plain meaning of Law. If there is no doubt in the words used, it means that the language used provides the true intention of the Parliament and there is no need to see anywhere else to discover the true intention and meaning of the words used.
Logical interpretation gives more suitable evidence of the true intention of the legislature. If the letter of the law (i.e., litera legis) is not clear the interpretation must be according to the purpose, policy, object and spirit of the law (i.e., ratio legis).
If there are two possible constructions of a statutory provision, first only based on the rules of grammar, and the other a Logical Construction, the Court may prefer the Logical Construction.
Example ---Article 14 of the Constitution provides that “the State shall not deny to any person equality
Interpretation of Statutes N.K.Singh. 6.4 The expression “equality before law and equal protection of the laws are two different concept. The first part “equality before law” is a declaration of equality of all persons within the territory of India implying the absence of any special privilege in favour of any person. In other words, it provides that everyone is equal before law and that no one can clam special privileges and that all clauses are equality subjected to the ordinary law of the land. But equality before law allows to legislator to make classification and then implement equal law.
2.Question--Explain the rule of 'Reasonable construction' while interpreting the statutes. How would you reconcile in case one part of the executed lease deed is in conflict with the other part?
Mischief Rule or Haydon’s Rule or Rule of Purposive construction or Rule of Beneficial construction - Suppress mischief and advance remedy
When this Rule is applicable.
when a word is capable of bearing two or more construction, Where comprehensive meaning is required, e.g.
Where literal interpretation fails to achieve the main purpose of Law. Origin of the Rule. This rule was laid down in Heydon's case in the year 1584
How to apply. It was held by the court, for sure and true interpretation of all statues in general, four things are to be considered.
What was the common law before the making of the Act?
What was the mischief and defect for which the common law did not provide?
What remedy the parliament had resolved and appointed to cure the disease of the Common Law.
What was true reason of the remedy? When this Rule is
not Applicable.
Where the words used in a Statute are clear, i.e., there is no ambiguity.