Ejusdem Generis is a Latin phrase meaning "of the same kind" or "of the same nature." It is a specific rule of statutory interpretation used to determine the meaning of a general word when it follows a list of specific words.
When a statute lists specific items belonging to a particular category (a genus) and follows that list with general words (like "other," "any," or "etc."), the general words are not interpreted in their widest sense. Instead, they are restricted to things of the same kind as the specific ones preceding them.
Illustration:
There is an enumeration of specific words (e.g., Cow, Horse, Goat).
The subjects form a distinct category or genus (e.g., Domesticated farm animals).
The specific words are followed by a general term (e.g., "...and other animals").
Result: "Other animals" will be interpreted to mean animals like sheep or pigs, but not lions or tigers.
Leading Cases
A. Powell v. Kempton Park Racecourse Co. (1899)
This is a classic English case regarding the Betting Act. The Act prohibited keeping a "house, office, room, or other place" for betting. The defendant was operating betting at an open-air racecourse.
The Question: Did an "open-air racecourse" fall under "other place"?
Decision: No. The court applied ejusdem generis. The specific words (house, office, room) were all enclosed spaces. Therefore, the general words "other place" had to be interpreted as other enclosed places. An open racecourse did not fit that category.
B. State of Bombay v. Ali Gulshan (1955)
The Supreme Court of India interpreted a provision allowing the State to requisition premises for "any other public purpose."
The Question: Could the State requisition a house for the purpose of housing a foreign consul?
Decision: The court noted that for ejusdem generis to apply, the specific words must form a clear "genus" or category. If the specific words are so diverse that they don't form a single category, the rule cannot be applied, and the general words will be given their wide, natural meaning.
C. Uttar Pradesh State Electricity Board v. Hari Shankar Jain (1978)
The Supreme Court held that the "genus" must be found in the specific words. If there is only one specific word followed by general words (e.g., "Cow and other animals"), the rule typically doesn't apply because one word cannot form a "genus." You need at least two or more specific words to establish a pattern.
Essential Conditions for Application
For a court to use this rule, the following must be present:
The statute contains an enumeration of specific words.
The members of the enumeration constitute a class or category.
The class is not exhausted by the enumeration.
A general term follows the enumeration.
There is no indication of a contrary legislative intent to give the general word a wider meaning.
No comments:
Post a Comment