Literal Or Grammatical Rule Of Interpretation
        The literal rule of interpretation considers the natural or ordinary
          meaning of the words in question. The basis of this rule is that the
          legislature's aim while making a provision was represented through
          words, which must be read according to grammatical standards.
      
      Advantages Of Literal Rule Of Interpretation
        The advantages of the literal rule of interpretation are as
          follows:
      
      
        1. It enables the common man to understand the statue.
      
      
        2. It results in a quick decision as the meaning can be found in a
          dictionary or other sources.
      
      
        3. It provides no scope for judges to use their own opinions or
          prejudices.
      
      Disadvantages Of Literal Rule Of Interpretation
        1. There is a possibility of creating loopholes in the law.
      
      
        2. This may lead to injustice as it fails to recognize the complexities and limitations of the English
          Language.
      
      
        3. It can lead to absurd decisions.
      
      Case law
        In Subramanian Swamy v/s Dr Manmohan Singh and another, the
          Supreme Court found that a sanction for prosecution of respondent for
          breaches under the Act committed while holding an office of a minister
          but afterwards quitting but continuing to be a Member of Parliament is
          not required under Section 19 of the Prevention of Corruption Act,
          1988. The court further stated that neither the 1988 Act nor the Code
          of Criminal Procedure, 1973 prohibits a citizen from filing a
          complaint about the trial of a public servant who is accused of
          committing an offence. As a result, a citizen's private complaint
          about the prosecution of a minister for violations of the Act is
          feasible.
      
      Golden Rule Of Interpretation
        Limitations of the Literal Rule is mitigated by the Golden Rule of
          Interpretation. The golden rule interprets the words in such a way
          that the absurdities, ambiguities, injustice, inconvenience, hardship,
          inequity, and anomalies of literal interpretation are discarded in
          such a manner that the purpose of the Legislation is fulfilled.
      
      
        The Golden Rule has two approaches:
      
      
        1. Narrow approach
      
      
        If the word used in the statute is ambiguous having more than one
          meaning, it's upon the judge to apply the meaning that avoids any kind
          of absurdity. In the case of R V. Allen (1872) and Alder V. George
          (1964) narrow approach was used.
      
      
        In R. v/s. Allen, the accused was charged with violation of Section
          57 of the Offenses Against the Person Act,1861. According to this
          section, a married person should marry some other person during the
          lifespan of the previous spouse who is guilty of an offence. Because
          civil courts do not recognise second marriages, the literal rule will
          not be applicable. The golden rule was used to avoid ambiguity in the
          meaning of the word marriage, which means to go through a marriage
          ceremony.
      
      
        2. Wide approach
        In the cases where there's just one literal meaning of a word, but
          applying it would cause absurdity, the Wide Approach is used. Using
          this, the court may change the definition of the word to avoid
          absurdity. 
      
      
        In re Sigsworth: Bedford v/s Bedford, also known as the MFP case, a
          mother is murdered by her son. According to the provision in the
          Administration of Justice,  the mother's inheritance would be
          inherited by her next of kin, i.e., her son. This was the exact
          meaning of the clause, but the court didn't apply it in this case and
          instead used the golden rule, based on the fact that the son was
          indeed the murderer of his mother, and the court wasn't willing to let
          the murderer gain from his crime.
      
      Advantages Of Golden Rule Of Interpretation
        1. It gives the courts power to avoid absurdity thereby eliminating
          injustice.
      
      
        2. The golden rule helps closing the loopholes.
      
      
        3. It provides a check on the strictness of the literal rule.
      
      Disadvantages Of Golden Rule Of Interpretation
        1. The judge is given power to amend a statute by reading it
          differently though logical.
      
      
        2. Interpretations using golden rule is unpredictable.
      
      
        3. It empowers the judge to change the statute's meaning in very
          specific circumstances only.
      
      
        Case Law
      
      
        In Tarlochan Dev Sharma v. State of Punjab, the phrase 'abuse
          of his powers' was used in the expression "abuse of his powers or
          habitual failure to perform his duties" in Section 22 of the Punjab
          Municipal Act, 1911. The Supreme Court stated that when choosing a
          word from a list of alternatives, the context must always be
          considered. In this context, the term "abuse of power" refers to an
          intentional abuse or a willful wrong. A legitimate but inaccurate
          exercise of authority or inaction is not an abuse of power.
      
    
  
  The Mischief Rule of Interpretation
        The mischief rule focuses on determining the intention of lawmakers
        during the interpretation of statutes. It originated in the United
        Kingdom in the 16th century and was established in Heydon’s case. It was
        held that the primary aim of interpreting a statute should be to
        identify the “mischief and defect” that the statute intended to address
        and provide an effective remedy. This rule seeks to answer the question
        of what problem the previous law failed to cover, leading to the
        enactment of the statute in question.
      
      
        The famous Heydon’s Case (1584) outlined four points to be considered
        when interpreting a statute:
      
      1. What was the common law before the enactment of the statute?
      
        2. What was the “mischief and defect” that the common law did not
        address?
      
      
        3. What remedy did the parliament intend to provide to rectify the
        problem?
      
      4. What is the true reason behind the remedy?
      Advantages of Mischief Rule of Interpretation
1. Flexibility in determining the lawmakers’ intent
      
        2. Removes being strictly bound by the literal and golden rules of
        interpretation.
      
      Disadvantages of Mischief Rule of Interpretation
1. It introduces uncertainty into the law 
      
        2. Grants excessive power to unelected judges, which is seen as
        undemocratic. 
      
      
        3. It is considered outdated as the common law is no longer the primary
        source of law.
      
      Latest Case Law
          In the case of Novartis Ag v. Union of India (2013), the court stated
          that the most effective means of ascertaining the meaning and intent
          of a statute is through the mischief rule. For patent law in India,
          this ruling is especially significant.
CCSU LLB/BA-LLB Question References
Q. How does Golden Rule of Interpretation differ from Literal Rule? [20 marks - 2023]
Q. What are the three general rules of statutory interpretation? Illustrate.
    [20 marks - 2022]
Q. What do you mean by "Literal or Grammatical Interpretation". [4 marks - 2022]
Q. Explain 'Literal Rule' of Interpretation. [10 marks - 2021]
Q. Discuss the 'Golden Rule of Interpretation' with the help of decided cases. [20 marks - 2021]
Q. Explain and illustrate the rules which the courts apply in interpreting the penal statutes. [20 marks - 2020]
Q. Elucidate and illustrate the Golden Rule. [10 marks - 2019]
Q. What is meant by mischief rule? Explain with the help of recent Indian
    cases. [20 marks - 2019, 2018]
Q. What do you understand by the Golden Rule of Interpretation? Explain with
    case laws. [20 marks - 2019]
Q. What is the 'Golden Rule of Interpretation'? Why is this also called the modifying rule? Discuss with case laws. [20 marks - 2017]
Q. Write a short note on the mischief rule of interpretation. [BA-LLB - 10 marks - 2022]
Q. What is meant by Mischief Rule? Explain with the help of recent Indian cases. [BA-LLB - 20 marks - 2020]