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]
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.
No comments:
Post a Comment