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MAXIMS

Harmonious Construction

This rule is used when there are two statutes or parts of a statute have a conflict. The
interpretation which is consistent with all the provisions and also is in accordance with the intent
of the legislature will be adopted. A construction which leads to repugnancy should not be used
and the statute should be read as a whole.

Features

1. The goal should be to make the law whole and consistent.

2. Two or more statutes can be harmonized by this rule.

3. The provision of one statute cannot defeat the use of the other statute.

4. A construction which reduces one part of the statute to nothing is not considered as
harmonious.

Case Laws

Case Law 1: Raj Krushna Bose vs Binod Kanungo

The court stated in this case that whenever possible, two conflicting provisions should be
constructed in a way that they harmonize.

Case Law 2: T.M.A. Pai Foundation v. State of Karnataka

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The Supreme Court interpreted Articles 29 and 30. The court stated that while interpreting
provisions the goal is to achieve full cooperation between laws. The court also stated that:

1. The laws cannot be read in isolation.

2. The rule cannot be used if it renders one of the laws redundant.

Case Law 3: CIT v. Hindustan Bulk Carriers

The court stated the following rules for harmonious construction:

Rule 1- The courts should avoid a conflict between provisions. The provisions should be
interpreted to create harmony.

Rule 2-The provision of one section cannot be used to defect the provision of the other section.
When it is impossible to reconcile the differences between the provisions then they should be
constructed in such a way that effect is given to both the provisions.

Rule 3-The courts must keep in mind that if the construction makes the other statute meaningless
or dead then it is not harmonious.

Ejusdem Generis

This phrase literally translates to “of the same kind and of the same species”. According to this
rule, when a specific word is used in the Act and a general word is used afterward, then the
general word will be construed in reference to the specific word.

Case Law: Jage Ram v. State of Haryana

To apply this rule, the following conditions must exist:

1. The statute mentions a number of things one by one by using specific words,
2. The number of things mentioned should constitute a class,

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3. There are other things in the class that exists,

4. A general term is used for the things mentioned,
5. There is a distinct genus that comprises of more than one species.

Beneficial Construction

There are some laws which are specifically made for the benefit of some section of people. Some
of these are:

1. Consumer Protection Act

2. The Industrial Disputes Act
3. The Juvenile Justice Act
4. Factories Act
5. And other socio-economic legislations

The rule of beneficial construction states that when there are two meanings of the law and one
meaning gives the benefit and other takes it away. The meaning which grants the benefit should
be adopted.

Case Laws

Case Law 1: Hindustan Lever Ltd v Ashok Vishnu Kate

The court stated that when a law is enacted for social welfare. The construction which extends
the intended benefit to the people should be made.

Case Law 2: Noor Saba Khatoon v. Mohammad Quasim

The Supreme Court held in this case that the provision for maintenance under 125 of Civil
Procedure Code and maintenance of children under 2 years are independent of each other and no
legislation which is passed subsequent to it can affect the provisions.

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Purposive Construction

This rule interprets law keeping in mind the intent for which it was enacted. In this kind of
interpretation, external aids such as commentaries, parliamentary debates, etc. are used. The
mischief rule is the foundation for this type of construction.

Secondary Rules

In addition to the above-stated rules, there are also other rules for interpreting statutes. These
other rules are expressed in legal maxims. These are,

Expressio Unius Est Exclusio Alterius

Expressio Unius Est Exclusio Alterius is a legal maxim which literally translates to the ‘explicit
mention of one thing is the exclusion of another’. When a thing is explicitly mentioned in a
provision of an Act, then all other things are not considered.

Contemporanea Expositio Est Optima Et Fortissima in Lege

This rule of construction states that the best explanation of the law would be to read it as it would
have been read at the time that it was passed. This rule also considers the surrounding
circumstances under which the Act was passed.

Noscitur a Sociis

The meaning of the word is known from its association. It is a rule of construction which states
that the meaning of an unambiguous word or phrase should be considered on the basis of the
context in which it was used.

Aids in Interpretation

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In addition to the rules, interpretation can be made by using aids. There are two kinds of aids for
interpreting a statute. These are,

1. Internal Aids
2. External Aids

Internal Aids

Internal aids are aids which are first referred to for interpreting a statute. These are present in the
statute itself and include:

1. Preamble of the Act: It has been decided that while preamble may not be a part of the
Act. It can be referred to know the mischief for which the Act was enacted. The
Supreme Court in Kavalappara Kottarathil Kochuni v. the State Of Madras And
Others stated that if an ambiguity arises in the construction of a statute, then the
preamble can be referred.
2. Title of the Act: The title tells about the purpose of the Act in a concise way and often
precedes the preamble of the Act.
3. Heading of the Chapter of the Act: An Act is divided into chapters, these chapters deal
with different things. What kind of things the chapter deals with can be known by
reading the heading of the specific chapter?
4. Marginal Notes in the Act: Supreme Court in Sarabjit Rick Singh vs Union Of
India stated that reference to marginal notes would be permissible only when the main
provision is supposed to be interpreted differently.
5. The Punctuations in the Provisions of the Act: The punctuations play a very important
role in the construction of the provision.
6. The Illustrations that supplements the provisions under the Act: Illustrations are
valuable as long as they indicate the intent of the legislature.
7. Explanations provided of the provision of the Act: Explanations of provisions help in
determining what the provision means.

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8. Definitions provided in the Act: Every Act has an interpretation clause which contains
important definitions. These definitions may be inclusive or exhaustive. This clause is
very important for interpreting various words in a statute.

External Aids

External aids are used when internal aids are not sufficient to know the meaning of the statute.
External aids include,

1. Statement of Objects and Reasons of the Bill: When a Bill is passed, its statement of
objects and reasons describe the intent of the legislature.
2. The Commentaries on the Law by various Authors: Commentaries by various authors
are very useful in interpreting a statute.
3. Dictionaries: In literal construction, the dictionary meaning of the words is referred
to.
4. The Circumstances Surrounding the Enactment of the Act: In Commissioner of
Income Tax vs. Sodra Devi, the court stated that it was not necessary to refer to any
external aid if the language of the statute is clear and unambiguous.
5. Reference to Reports of Committee: The reference to reports of Select Committee or
Law Commission or any report of any other committee on the basis of which the Act
was enacted can be made to interpret the statute.
6. Reference to other Statutes: Sometimes other statutes are referred for interpreting a
statute.
7. Parliamentary Debates: Before a Bill is passed it is debated in the parliament. The
debates can be referred to know the intent behind a particular provision of the Act.
8. History of the Act: The history of the Act along with the surrounding circumstances
are helpful in determining the meaning of the provisions of the Act.
9. Foreign Decisions: Decisions given by foreign courts can also be used to interpret the
law provided that the country has the same system of jurisprudence as ours. The
surrounding circumstances in which the Act was enacted and the Indian conditions to
which the law applies are considered.

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10. Political, Social and Economic Developments: Developments that affect the very
structure of society also help in interpreting a statute.

Conclusion

Thus, the interpretation of statutes is an important process. Moreover, it is essential that the
interpretation is done according to the various rules prescribed. The rules should be followed to
ensure that judges do not arbitrability exercise the responsibility that they are entrusted with.

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