Legal Maxims –
Interpretation of Statutes
Mahendra Subhash Khairnar,
Asst. Prof.
Bharati Vidypeeth’s
Yashwantrao Chavan Law College, Karad
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Interpretation of Statutes, M. S. Khairnar, Asst. Prof.
Let’s Learn
Legal Maxims
Interpretation of Statutes
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Contents
Meaning of Interpretation of Statutes
Need or Reasons of Interpretation of Statutes
Utility/Significance
About- Legal Maxims
Various Legal Maxims
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Various Legal Maxims
Secondary Rules of
Interpretation
• Ejusdem Generis
• Reddendo Singula Singulis
• Travaux Preparatoires
• Delegatus Non Potest Delegare
• Contemporanea Expositio Est Optima Et
Fortissima in Lege
• Noscitur a Soclis
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Interpretation of Statutes
• The word ‘Interpretation’ is derived from the Latin
term ‘interpretari’ which means to explain or
expound or to understand or translate.
• Interpretation is a process through which one
arrives at the true and correct intention of the
law-making body.
• This helps in finding out the intention “Intentia
legis” of the author/Legislature.
• It is an art to interpret Text and Context of
statute. Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Need for interpretation
To Remove ambiguity/vagueness
Words in statute may have more than one meaning and it may not be
clear which meaning has to be used.
To Mitigate Changes in the Society
Society changes from time to time and there may be new developments
happening in a society that is not taken into consideration at the time
of legislating.
To clarify Complexities in statutes
Usually statutes are complex and huge. It may contain complicated
words and some technical terms which are not easy to understand,
this complexity may lead to confusion.
To fill the Legislative Gap
Legislation doesn’t cover all the area, it leaves some areas untouched.
Interpretation helps in bridging the gaps.
To remove drafting error
Draft of statutes may have drafting error due to the lack of necessary
words and correct grammar.
Interpretation of Statutes, M. S. Khairnar,
Asst. Prof.
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Utility or Significance of IoS
• To increases the ability of an individual to
understand the statute
• To find out the ways to understand and
analyze the statute
• To understand the whole new meaning
attached to statute
• To know how to interpret the statute
• To know the new changes and the impacts of
that legislation in society and vice-a-versa.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Legal Maxims
Legal maxim, usually stated in a fixed Latin form
Used by lawyers since the 17th century or earlier
Can be traced to early Roman law
Much more general in scope than ordinary rules/laws
It generally formulate a legal policy or ideal
Do not normally have the dogmatic authority
Legal maxims are invoked with more frequency in
international law
The English lawyer and philosopher Francis Bacon (1561–
1626) composed a collection of maxims of the common
law in Latin with an elaborate English commentary on
each. Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Legal Maxims
• Ejusdem Generis
• Reddendo Singula Singulis
• Travaux Preparatoires
• Delegatus Non Potest Delegare
• Contemporanea Expositio Est Optima Et
Fortissima in Lege
• Noscitur a Soclis
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Ejusdem Generis
Meaning and Essential ingredients
• Ejusdem Generis means of the same kind.
• The statue should contain an enumeration of
specific words.
• The general term should follow the specific
term.
• There should be no different intent of the
legislature to the general terms.
• The series of the enumeration should constitute
a class or category.
• The class or category should not be exhausted by
the enumeration of specific words.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Ejusdem Generis
Explanation -
• According to the Black’s Law Dictionary, the principle
of Ejusdem Generis is where general words follow an
enumeration of persons or things, by words of a
particular and specific meaning, such general words
are not to be construed in their widest extent, but
are to be held as applying only to persons or things of
the same general kind or class as those specifically
mentioned.
• The general expression takes it’s meaning from the
preceding particular expressions.
• For E.g. yaoqao caha Ê naaYTa imaLola.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Reddendo Singula
Singulis
• Meaning- It means by referring each to each;
referring each phrase or expression to its
corresponding object.
• When a list of words has a modifying phase at
the end, the phrase refers only to the last.
• Where there are general words of
description, following a record of particular
things, such general words are to be
construed distributively.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Reddendo Singula Singulis
Explanation
• In simple words the latin term means ‘each
word counts’ or ‘each word (in statute) has its
own place and importance’.
• It generally used in interpreting property law,
will, contract or deed/instrument.
• For e.g. I bequeath my land having [Link]. 34,
36 and 50 respectively to A, B and C.
It means land having [Link]. 34 goes to A, 36 to B
and 50 to C.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Travaux Preparatoires
Meaning
• It is a French term is means preparatory works.
• This is a secondary form of interpretation
• It is used to clarify the intent of the makers of the
statute or treaty.
• Sometimes published, the "travaux" are often
useful in clarifying the intentions of a treaty or
other instrument,
• It constitutes the materials used in preparing the
ultimate form of an agreement or statute,
especially of an international treaty.
• The materials constitute a legislative history.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Delegatus Non Potest
Delegare
ItMeaning
is a Latin term means a delegate cannot delegate.
A person to whom an authority or decision-making
power has been delegated to from a higher
source, cannot, in turn, delegate again to another,
unless the original delegation explicitly authorized
it.
Generally it is used in Administrative Law, Constitutional
Law, Delegated/Subordinate Legislation.
In India, the law was first stated in A K ROY v. State Of
Punjab, (1986) 4 SCC 326, that sub delegation of
delegated power is ultra vires to the Enabling Act.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Delegatus Non Potest Delegare
Analogy
• Power conferred or Duty imposed on a particular
person - considering – that such person is eligible/
qualified to (may be because of education/ training/
knowledge/level of understanding/capacity)- such
power/duty.
• Hence he cannot delegate it further- to the subordinate
authority- who is not qualified or eligible to such
power/duty.
• For e.g. in cases of atrocity only the police officer who is
not below the rank of DySP can investigate the matter.
This means DySP cannot delegate the power of
investigation in atrocity to subordinate officer.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Contemporanea Expositio Est Optima
Et Fortissima in Lege
• It means practice developed under a statute is
indicative of the meaning ascribed to its
words by contemporary opinion.
• The words of an Act will generally be
understood in the sense which they carry
when it was passed.
• The best way to construe a document is to
read it as it would have read when it was or
time when it was made/enacted/passed.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Contemporanea Expositio
Explanation
• A statute must be considered in the light of all
circumstances existing at the time of its enactment it
follows logically that words must be given the meanings
they had at the time of enactment.
• This maxim has been confirmed by the Apex Court in
Desh Bandhu Gupta v. Delhi Stock Exchange Asson. Ltd.
AIR 1979 SC 1049, 1054.
• Contemporanea exposito is a guide to the interpretation
of documents or statutes.
• Contemporaray or prevailing social, political, economic,
international situation must be taken into consideration
while interpreting a statute/provision.
• For E.g. interpretation of Section
Interpretation of Statutes, M. S. 377
Khairnar, of IPC, 1860.
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Asst. Prof.
Noscitur a Soclis
• It means associated words or in association with.
• The meaning of unclear words or phrases is to be
determined or interpreted on the basis of its
context and the words and phrases surrounding it.
• When a word used in a statute is ambiguous or
vague, the meaning of such words will be
determined by looking associated words around it.
These surrounded associate words will give clear
and specific meaning to it.
• The importance of this rule is it aims to interpret
by reading the whole statute.
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
Noscitur a Soclis
Explanation
• The meaning of a word is to be judged by the
company it keeps.
• The questionable meaning of a doubtful word
can be derived from its association with other
words.
• Maxwell- “ When two or more words
susceptible of analogous meaning are coupled
together, they are understood to be used in
their cognate sense.”
Interpretation of Statutes, M. S. Khairnar,
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Asst. Prof.
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