Lesson Objectives

• Learning Objective
• Introduction
• General rule of Construction
• Statutory Provision of Rule of Construction
• Judicial Stand on Rule of Construction
• Kinds of Rule of Construction and
• Interpretation
• Retrospective Amendments
• Power and Functionalities under the Act

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 Introduction
• Meaning/Understanding: The General Clauses Act, 1897 has been enacted
with the aim and objective to provide a one single statute as a composite
structure in interpretation of words and legal principles.

• The General Clauses Act, 1897 contains ‘definitions’ of some words and also
some general principles of interpretation.

• The General Clauses Act is very operational in the absence of clear definition
in the specific enactments and in the construction or interpretation of statute.

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 Contd….
• Class of Interpretation Acts: The General Clauses Act 1897 belongs to the class
of Acts which may be called as interpretation Acts. An interpretation Act lays
down the basic rules as to how courts should interpret the provisions of an Act
of Parliament. It also defines certain words or expressions so that there is no
unnecessary repetition of definition of those words in other Acts.

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 Definitions
(i) "Abet", with its grammatical variations and cognate expressions, shall have
the same meaning as in the Indian Penal Code;

(ii) "Affidavit" shall include affirmation and declaration in the case of persons by
law allowed to affirm or declare instead of swearing;

(iii) "Barrister" shall mean a barrister of England or Ireland, or a member of the

Faculty of Advocates in Scotland;

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 Contd….
• “British India" shall mean, as respects the period before the commencement of
Part III of Government of India Act, 1935, all territories and places within His
Majesty's dominions which were for the time king governed by His Majesty
through the Governor General of India or through any Governor or Officer
subordinate to the Governor General of India, and as respects any period after
that date and before the date of establishment of the Dominion of India means
all territories for the time being comprised within the Governor' Provinces and
the Chief Commissioners' Provinces, except that a reference to British India in
an Indian law passed or made before the commencement of Part III of the
Government of India Act, 1935, shall not include a reference to Bearer;

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 Contd….
• "Oath" shall include affirmation and declaration in the case of persons by law
allowed to affirm or declare instead of swearing.

• "Offence" shall mean any act or omission made punishable by any law for the
time being in force.

• "Person" shall include any company or association or body of individuals,

whether incorporated or not.

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Application of foregoing definitions to previous enactment
(1) The definitions in section 3 of the following words and expressions, that is to say,
"affidavit", "barrister", "District Judge", "father", "immovable property", "imprisonment",
"Magistrate", "month", "movable property", "oath", "person", "section", "son", "swear",
"will", and "year" apply also, unless there is anything repugnant in the subject or context,
to all Central Acts made after the third day of January, 1868, and to all regulations made
on or after the fourteenth day of January, 1887.

(2) The definitions in the said section of the following words and expressions, that is to say,
"abet", "chapter", "commencement", "financial year", "local authority", "master",
"offence", "part", "public nuisance", "registered", "schedule", "ship", "sign", "sub-section"
and "writing" apply also, unless there is anything repugnant in the subject or context, to all
Central Acts and Regulations made on or after the fourteenth day of January, 1887.

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 Application of certain definitions to Indian laws
(1) The definitions in section 3 of the expressions "British India", "Central Act", "Central
Government", "Chief Controlling Revenue Authority", "Chief Revenue Authority",
"Constitution", "Gazette", "Government", "Government securities", "High Court",
"India", "Indian law", "Indian State", "merged territories", "Official Gazette", "Part A
State", "Part B State", "Part C State", "Provincial Government", "State", and "State
Government" shall apply, unless there is anything repugnant in the subject or context,
to all Indian laws.

(2) In any Indian law, references, by whatever form of words, to revenues of the Central
Government or to any State Government shall, on and from the first day of April, 1950,
be construed as references to the Consolidated Fund of India or the Consolidated Fund
of the State, as the case may be.

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 General Rule of Construction
• Rule of Construction is a rule used for interpreting legal instruments, especially
contracts and statutes.

• Very few states have codified the rules of construction.

• Most states treat the rules as mere customs not having the force of law.

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 Contd….
• Contra Proferentem and Ejusdem Generic are two examples of rules of
construction.

• Contra Proferentem Rule, if a clause in a contract appears to be ambiguous, it

should be interpreted against the interests of the person who insisted that the
clause be included.

• Ejusdem Generis Rule states that where a law lists specific classes of persons or
things and then refers to them in general, the general statements only apply to
the same kind of persons or things specifically listed.

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 Contd….
• Ambiguous Statute is question of law: The constitutionality of an ambiguous
statute is a Question of Law and a matter of construction within the province of
the court.

• Objective Meaning: The meaning of the language of the statute must be

determined in light of its objectives, purposes, and practical effect as a whole.

• Void for Vagueness: If a statute is so ambiguous that a judge cannot make a

reasonable construction of its disputed provisions, and a reasonable person
could not determine from reading it what the law orders or prohibits, it is void
for vagueness because it violates the guarantee of Due Process of Law.

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 Kinds of Rule of Construction and Interpretation
1. The Literal Rule of Interpretation,

2. Purposive Rule of Interpretation,

3. Harmonious Construction,

4. Rule of Beneficial Construction, and

5. Strict Construction of Penal Statutes.

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 Contd….
Rule no. 01: Literal Rule of Interpretation: The Literal Rule of Interpretation-
The primary and important rule of interpretation is called the Literal Rule.

• This rule stated that: “The only rule for the construction of Acts of Parliament
is, that they should be construed according to the intent of the Parliament
which passed the Act. If the words of the statute are in themselves precise and
unambiguous, then no more can be necessary than to expound those words in
their natural and ordinary sense.

• According to Chief Justice Dyer is “a key to open the minds of the makers of the
Act, and the mischiefs which they intend to redress”.

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 Contd….
Rule No. 02: Rule of Purposive Rule of Interpretation: Four things are to be discerned and
considered:
• what was the common law before the making of the Act;
• what was the mischief and defect for which the common law did not provide; what remedy
Parliament has resolved and appointed to cure the disease of the commonwealth; and
• the true reason of the remedy, end then the office of all the judges is always to make such
construction as shall –
– suppress the mischief and advance the remedy; and
– suppress subtle inventions and evasions for the continuance of the mischief pro private
commode (for private benefit); and
– Add force and life to the cure and remedy according to the true intent of the makers of the
Act pro publico (for the public good).”

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 Contd….
Rule No. 03: Harmonious Construction
• The principle of harmonious interpretation is similar to the idea of broad or purposive
approach.
• The key to this method of constitutional interpretation is that provisions of the Constitution
should be harmoniously interpreted.
• A provision of the constitution must be construed and considered as part of the Constitution
and it should be given a meaning and an application which does not lead to conflict with
other Articles and which confirms with the Constitution’s general scheme.
• When there are two provisions in a statute, which are in apparent conflict with each other,
they should be interpreted such that effect can be given to both and that construction which
renders either of them inoperative and useless should not be adopted except in the last
resort.

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 Contd….
4. Rule of Beneficial Construction:
• Beneficent construction involves giving the widest meaning possible to the
statutes.

• When there are two or more possible ways of interpreting a section or a word,
the meaning which gives relief and protects the benefits which are purported
to be given by the legislation, should be chosen.

• A beneficial statute has to be construed in its correct perspective so as to

fructify the legislative intent.

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 Contd….
Rule 5. Strict Construction of Penal Statutes:
• The general rule for the construction of a penal statute is that it would be
strictly interpreted, that is, if two possible and reasonable constructions can be
put upon a penal provision, the Court must lean towards that construction
which exempts the subject from penalty rather than the one which imposes a
penalty.

• A penal statute has to be construed narrowly in favor of the person proceeded

against.

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 Contd….
• This rule implies a preference for the liberty of the subject, in case of ambiguity
in the language of the provision.

• The courts invariably follow the principle of strict construction in penal

statutes.

• In constructing a penal Act, if a reasonable interpretation in a particular case

can avoid the penalty the Court adopts that construction.

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 Powers and Functionaries
• The Power and Functionaries are provided under section 14 to section 19 of
the General Clause Act, 1897.

• Powers conferred:
Section 16: Power to appoint to include power to suspend or dismiss
Section 15: Power to appoint to include power to appoint ex officio
Section 17: Substitution of functionaries
Section 18: Successors
Section 19: Officials chiefs and sub-ordinates

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 Contd….
• Powers conferred to be exercisable from time to time
(1) Where, by any Central Act or Regulation made after the commencement of
this Act, any power is conferred, then unless a different intention appears that
power may be exercised from time to time as occasion requires.

(2) This section applies also to all Central Acts and Regulations made on or after
the fourteenth day of January, 1887.

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 Contd….
• Power to appoint to include power to appoint ex officio
(i) Where, by any Central Act or Regulation, a power to appoint any person to fill any
office or execute any function is conferred, then, unless it is otherwise expressly
provided, any such appointment, if it is made after the commencement of this Act, may
be made either by name or by virtue of office.

• Power to appoint to include power to suspend or dismiss

(ii) Where, by any Central Act or Regulation, a power to make any appointment is
conferred, then, unless a different intention appears, the authority having for the time
being power to make the appointment shall also have power to suspend or dismiss any
person appointed whether by itself or any other authority in exercise of that power.

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 Contd….
• Substitution of functionaries
(1) In any Central Act or Regulation, made after the commencement of this Act, it
shall be sufficient, for the purpose of indicating the application of a law to every
person or number of persons for the time being executing the function of an
office, to mention the official title of the officer at present executing the
functions, or that of the officer by whom the functions are commonly executed.

(2) This section applies also to all Central Acts made after the third day of
January, 1868, and to all Regulations made on or after the fourteenth day of
January, 1887.

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 Contd….
• Successors
(1) In any Central Act or Regulation made after the commencement of this Act, it
shall be sufficient, for the purpose of indicating the relation of a law to the
successors of any functionaries or of corporations having perpetual succession,
to express its relation to the functionaries or corporations.

(2) This section applies also to all Central Acts made after the third day of
January, 1868, and to all Regulations made on or after the fourteenth day of
January, 1887.

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 Contd….
• Officials chiefs and sub-ordinates
(1) In any Central Act or Regulation made after the commencement of this Act, it
shall be sufficient, for the purpose of expressing that a law relative to the chief or
superior of an office shall apply to the deputies or subordinates lawfully
performing the duties of that office in the place of their superior, to prescribe the
duty of the superior.

(2) This section applies also to all Central Acts made after the third day of
January, 1868, and to all Regulations made on or after the fourteenth day of
January, 1887.

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