![MISCHIEF RULE
• Mischief rule - This rule attempts to determine the
legislator's intention. Originating from a 16th century case
in the United Kingdom, its main aim is to determine the
"mischief and defect" that the statute in question has set
out to remedy, and what ruling would effectively implement
this remedy. Smith vs. Hughes [1960] 2 All E.R. 859](https://image.slidesharecdn.com/interpretationofstatutesppt-180418090331/85/Rules-of-statutory-Interpretation-7-320.jpg)
Rules of statutory Interpretation
- 1. INTERPRETATION OF STATUTES PROF. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA LAW COLLEGE SATARA
- 2. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Generally, the words of a statute have a plain and straightforward meaning. But in some cases, there may be ambiguity or vagueness in the words of the statute that must be resolved by the judge. The reason for ambiguity or vagueness of a legislation is the fundamental nature of language. It is not always possible to precisely transform the intention of the legislature into written words. Interpreting a statute to determine whether it applies to a given set of facts often boils down to analyzing whether a single word or short phrase covers some element of the factual situation before the judge.
- 3. The reason for ambiguity or vagueness of a legislation is the fundamental nature of language. It is not always possible to precisely transform the intention of the legislature into written words. Interpreting a statute to determine whether it applies to a given set of facts often boils down to analyzing whether a single word or short phrase covers some element of the factual situation before the judge. The expansiveness of language necessarily means that there will often be equally good or equally unconvincing arguments for two competing interpretations. A judge is then forced to resort to documentation of legislative intent, which may also be unhelpful, and then finally to his or her own judgment of what outcome is ultimately fair and logical under the totality of the circumstances.To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.
- 4. PRIMARY RULES - • Literal Rule (aka Plain Meaning Rule) - It means that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. In other words, the law must be read, word for word, and it should not divert from its true meaning.
- 5. CONT…. A statues often contains a "definitions" section, which explicitly defines the most important terms used in that statute. However, some statutes omit a definitions section entirely, or fail to define a particular term. The literal rule, which is also known as the plain meaning rule, attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself.
- 6. CONT… According to this rule, when a word does not contain any definition in a statute, it must be given its plain, ordinary, and literal meaning. If the word is clear, it must be applied, even though the intention of the legislature may have been different or the result is harsh or undesirable. The literal rule is what the law says instead of what the law means. This is the oldest of the rules of construction and is still used today, primarily because judges are not supposed to legislate. As there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law's literal wording.
- 7. MISCHIEF RULE • Mischief rule - This rule attempts to determine the legislator's intention. Originating from a 16th century case in the United Kingdom, its main aim is to determine the "mischief and defect" that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. Smith vs. Hughes [1960] 2 All E.R. 859
- 8. CONT…. The Mischief Rule is used by judges in statutory interpretation in order to discover legislature's intention. It essentially asks the question: By creating an Act of Parliament what was the "mischief" that the previous or existing law did not cover and this act covers. This rule was developed by Lord Coke in Sir John Heydon's Case, 1584, where it was stated that there were four points to be taken into consideration when interpreting a statute:
- 9. CONT… 1. What was the common law before the making of the act? 2. What was the "mischief or defect" for which the common law did not provide? 3. What remedy the parliament hath resolved and appointed to cure the disease of the commonwealth? 4. What is the true reason of the remedy?
- 10. CONT… The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament's intent. Legislative intent is determined by examining secondary sources, such as committee reports, treatises, law review articles and corresponding statutes.
- 11. CONT… The rule was further illustrated in the case of Smith v Hughes, 1960, where under the Street Offences Act 1959, it was a crime for prostitutes to "loiter or solicit in the street for the purposes of prostitution". The defendants were calling to men in the street from balconies and tapping on windows. They claimed they were not guilty as they were not in the "street." The judge applied the mischief rule to come to the conclusion that they were guilty as the intention of the Act was to cover the mischief of harassment from prostitutes.
- 12. GOLDEN RULE - • Golden rule - It is a compromise between the plain meaning (or literal) rule and the mischief rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislature's intention, the judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning. If the word only has one meaning, and applying this meaning would lead to a bad decision, the judge can apply a completely different meaning.
- 13. CONT… It is a very useful rule in the construction of a statute as it allows to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in which case it allows the language to be varied or modified so as to avoid such inconvenience.
- 14. CONT….. This rule may be used in two ways. It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. For example, imagine there may be a sign saying "Do not use lifts in case of fire." Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby.
- 15. BEDFORD VS BEDFORD, 1935, is another interesting case that highlighted the use of this rule. It concerned a case where a son murdered his mother and committed suicide. The courts were required to rule on who then inherited the estate, the mother's family, or the son's escendants. The mother had not made a will and under the Administration of Justice Act 1925 her estate would be inherited by her next of kin, i.e. her son. There was no ambiguity in the words of the Act, but the court was not prepared to let the son who had murdered his mother benefit from his crime. It was held that the literal rule should not apply and that the golden rule should be used to prevent the repugnant situation of the son inheriting. The court held that if the son inherits the estate that would amount to profiting from a crime and that would be repugnant to the act
- 16. CONT….. Thus, the Golden rule implies that if a strict interpretation of a statute would lead to an absurd result then the meaning of the words should be so construed so as to lead to the avoidance of such absurdity. A further corollary to this rule is that in case there are multiple constructions to effect the Golden rule the one which favors the assessee should always be taken. This rule is also known as the Rule of Reasonable Construction
- 17. • Rule of Harmonious Construction - when there are two provisions in a statute, which are in conflict with each other, they should be interpreted such that effect can be given to both and the construction which renders either of them inoperative and useless should not be adopted except in the last resort. Bengal immunity Co. vs. State of Bihar (1955) 6 STC 446 (SC).
- 18. SECONDARY RULES AKA RULES OF LANGUAGE - • Noscitur a sociis - When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. Noscere means to know and sociis means association. Thus, Noscitur a Sociis means knowing from association. Thus, under the doctrine of "noscitur a sociis" the questionable meaning of a word or doubtful words can be derived from its association with other words within the context of the phrase. This means that words in a list within a statute have meanings that are related to each other. If multiple words having similar meaning are put together, they are to be understood in their collective meaning.
- 19. According to Maxwell, "this rule means that when two or more words susceptible to analogous meaning are clubbed together, they are understood to be used in their cognate sense. They take as it were their colour from each other, i.e. the more general is restricted to a sense analoguous to a less general".
- 20. Ejusdem Generis - When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them e.g. vehicles in "cars,motor bikes,motor powered vehicles" would be interpreted in a limited sense and therefore cannot be interpreted as including air planes.
- 21. CONT… The ejusdem generis, or ‘of the same genus’ rule, is similar though narrower than the more general rule of noscitur a sociis. It operates where a broad or open-ended term appears following a series of more restrictive terms in the text of a statute.Where the terms listed are similar enough to constitute a class or genus, the courts will presume, in interpreting the general words that follow, that they are intended to apply only to things of the same genus as the particular items listed.
- 22. CONT…. In UP State Electricity Board vs Harishankar, AIR 1979, SC held that the following conditions must exist for the application of this rule - 1. The statue contains an enumeration of specific words 2. The subject of the enumeration constitute a class or a category 3. The class or category is not exhausted by the enumeration 4. A general term is present at the end of the enumeration 5. There is no indication of a different legislative intent
- 23. CONT… Justice Hidayatullah explained the principles of this rule through the following example - In the expression, "books, pamphlets, newspapers, and other documents", private letters may not be held included if "other documents" be interpreted ejusdem generis with what goes before. But in a provision which reads, "newspapers or other documents likely to convey secrets to the enemy", the words "other documents" would include documents of any kind and would not take their meaning from newspaper.
- 24. REDDENDO SINGULA SINGULIS - • Reddendo Singula Singulis - When a list of words has a modifying phrase at the end, the phrase refers only to the last word, e.g., firemen, policemen, and doctors in a hospital. Here,"in a hospital" only applies to doctors and not to firemen or policemen.
- 25. CONT… The reddendo singula singulis principle concerns the use of words distributively.Where a complex sentence has more than one subject, and more than one object, it may be the right construction to render each to each, by reading the provision distributively and applying each object to its appropriate subject. A similar principle applies to verbs and their subjects, and to other parts of speech.
- 26. CONT… A typical application of this principle is where a testator says 'I devise and bequeath all my real and personal property to B'. The term devise is appropriate only to real property. The term bequeath is appropriate only to personal property. Accordingly, by the application of the principle reddendo singula singulis, the testamentary disposition is read as if it were worded 'I devise all my real property, and bequeath all my personal property, to B'.
- 27. CONT….. This rule has been applied in the case of Koteshwar Vittal Kamat vs K Rangappa Baliga, AIR 1969, in the construction of the Proviso to Article 304 of the Constitution which reads, "Provided that no bill or amendment for the purpose of clause (b), shall be introduced or moved in the legislature of a state without the previous sanction of the President". It was held that the word introduced applies to bill and moved applies to amendment
- 28. THANKS