Introduction

One of the most substantial and the principal duty which are vested on the
judiciary is the interpretation of the statutes or law which are in force. When the
courts deliver justice in a legal dispute, they strictly abide with the boundaries
framed by the legal frameworks which encompasses certain laws, statutes, The
Constitution and delegated legislations. The legal framework of a democratic
country like India includes a plethora of legislations and regulations. The
Legislature with the compliance of the procedural Parliamentary rules,
formulates and drafts certain written statutes and legislations. The courts
deliver justice in a legal matter by interpreting the underlying principles in these
legislations. The written laws are substantiated by the courts and justice is
administered by the courts through the pronouncement of verdict over the legal
dispute. For the purpose of interpreting statues and to prevent any wrongful
interpretation of the laws, the court should follow certain rules to shape these
laws. So, one of the most basic rules of interpretation is the Literal rule of
Interpretation of statutes where the court interprets the wordings of the law as
it is. However, there may be certain loopholes which may be found in the law
due to which it is not interpret a straight-forward understanding of the language
of the statutes. It may lead to ambiguity and absurdity if the courts interpret
the natural meaning of the language used in the statute.

Interpretation meaning
The term has been derived from the Latin term ‘interpretari’, which means to
explain, expound, understand, or to translate. Interpretation is the process of
explaining, expounding and translating any text or anything in written form.
This basically involves an act of discovering the true meaning of the language
which has been used in the statute. Various sources used are only limited to
explore the written text and clarify what exactly has been indicated by the
words used in the written text or the statutes.
Interpretation of statutes is the correct understanding of the law. This
process is commonly adopted by the courts for determining the exact intention
of the legislature. Because the objective of the court is not only merely to read
the law but is also to apply it in a meaningful manner to suit from case to case.
It is also used for ascertaining the actual connotation of any Act or document
with the actual intention of the legislature.

There can be mischief in the statute which is required to be cured, and this can
be done by applying various norms and theories of interpretation which might
go against the literal meaning at times. The purpose behind interpretation is to
clarify the meaning of the words used in the statutes which might not be that
clear.

According to Salmond, “Interpretation” is the process by which the court

seeks to ascertain the meaning of the legislature through the medium of
authoritative forms in which it is expressed.

Construction meaning
In simple words, construction is the process of drawing conclusions of the
subjects which are beyond the direct expression of the text. The courts draw
findings after analysing the meaning of the words used in the text or the
statutes. This process is known as legal exposition. There are a certain set of
facts pending before the court and construction is the application of the
conclusion of these facts.
The objective is to assist the judicial body in determining the real intention of
the legislature. Its aim is also to ascertain the legal effect of the legal text.

Rules of Interpretation

Literal or Grammatical Rule

It is the first rule of interpretation. According to this rule, the words used in this
text are to be given or interpreted in their natural or ordinary meaning. After
the interpretation, if the meaning is completely clear and unambiguous then the
effect shall be given to a provision of a statute regardless of what may be the
consequences.

The basic rule is that whatever the intention legislature had while making any
provision it has been expressed through words and thus, are to be interpreted
according to the rules of grammar. It is the safest rule of interpretation of
statutes because the intention of the legislature is deduced from the words and
the language used.

According to this rule, the only duty of the court is to give effect if the language
of the statute is plain and has no business to look into the consequences which
might arise. The only obligation of the court is to expound the law as it is and if
any harsh consequences arise then the remedy for it shall be sought and looked
out by the legislature.

Case Laws

Maqbool Hussain v. State of Bombay, In this case, the appellant, a citizen

of India after arriving at the airport did not declare that he was carrying gold
with him. During his search was carried on, gold was found in his possession as
it was against the notification of the government and was confiscated
under section 167(8) of Sea Customs Act.

Later on, he was also charged under section 8 of the Foreign Exchange
Regulations Act, 1947. The appellant challenged this trial to be violative
under Article 20(2) of the Indian Constitution. According to this article, no
person shall be punished or prosecuted more than once for the same offence.
This is considered as double jeopardy.
It was held by the court that the Seas Act neither a court nor any judicial
tribunal. Thus, accordingly, he was not prosecuted earlier. Hence, his trial was
held to be valid.

Manmohan Das versus Bishan Das, AIR 1967 SC 643

The issue in the case was regarding the interpretation of section 3(1)(c) of U.P
Control of Rent and Eviction Act, 1947. In this case, a tenant was liable for
evidence if he has made addition and alternate in the building without proper
authority and unauthorized perception as materially altered the accommodation
or is likely to diminish its value. The appellant stated that only the constitution
can be covered, which diminishes the value of the property and the word „or‟
should be read as land.

It was held that as per the rule of literal interpretation, the word „or‟ should be
given the meaning that a prudent man understands the grounds of the event
are alternative and not combined.

State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR(1)

317, in this case a person was caught along with the counterfeit currency
“dollars” and he was charged under section 120B, 498A, 498C and 420 read
with section 511 and 34 of Indian Penal Code for possessing counterfeit
currency. The accused contended before the court that a charge under section
498A and 498B of Indian Penal Code can only be levied in the case of
counterfeiting of Indian currency notes and not in the case of counterfeiting of
foreign currency notes. The court held that the word currency notes or bank
note cannot be prefixed. The person was held liable to be charge-sheeted.

The Mischief Rule

Mischief Rule was originated in Heydon’s case in 1584. It is the rule of
purposive construction because the purpose of this statute is most important
while applying this rule. It is known as Heydon‟s rule because it was given by
Lord Poke in Heydon‟s case in 1584. It is called as mischief rule because the
focus is on curing the mischief.

In the Heydon‟s case, it was held that there are four things which have to be
followed for true and sure interpretation of all the statutes in general, which are
as follows-

1. What was the common law before the making of an act.

 2. What was the mischief for which the present statute was enacted.
3. What remedy did the Parliament sought or had resolved and appointed
to cure the disease of the commonwealth.
4. The true reason of the remedy.
The purpose of this rule is to suppress the mischief and advance the remedy.

Case laws

Smith v. Huges, 1960 WLR 830, in this case around the 1960s, the
prostitutes were soliciting in the streets of London and it was creating a huge
problem in London. This was causing a great problem in maintaining law and
order. To prevent this problem, Street Offences Act, 1959 was enacted. After
the enactment of this act, the prostitutes started soliciting from windows and
balconies.

Further, the prostitutes who were carrying on to solicit from the streets and
balconies were charged under section 1(1) of the said Act. But the prostitutes
pleaded that they were not solicited from the streets.

The court held that although they were not soliciting from the streets yet
the mischief rule must be applied to prevent the soliciting by prostitutes and
shall look into this issue. Thus, by applying this rule, the court held that the
windows and balconies were taken to be an extension of the word street and
charge sheet was held to be correct.

Pyare Lal v. Ram Chandra, the accused in this case, was prosecuted for
selling the sweeten supari which was sweetened with the help of an artificial
sweetener. He was prosecuted under the Food Adulteration Act. It was
contended by Pyare Lal that supari is not a food item. The court held that the
dictionary meaning is not always the correct meaning, thereby, the mischief
rule must be applicable, and the interpretation which advances the remedy shall
be taken into consideration. Therefore, the court held that the word „food‟ is
consumable by mouth and orally. Thus, his prosecution was held to be valid.

Kanwar Singh v. Delhi Administration, AIR 1965 SC 871.

Issues of the case were as follows- section 418 of Delhi Corporation

Act, 1902 authorised the corporation to round up the cattle grazing on the
government land. The MCD rounded up the cattle belonging to Kanwar Singh.
The words used in the statute authorised the corporation to round up the
abandoned cattle. It was contended by Kanwar Singh that the word abandoned
means the loss of ownership and those cattle which were round up belonged to
him and hence, was not abandoned. The court held that the mischief rule had to
be applied and the word abandoned must be interpreted to mean let loose or
left unattended and even the temporary loss of ownership would be
covered as abandoned.

Regional Provident Fund Commissioner v. Sri Krishna Manufacturing

Company, AIR 1962 SC 1526, Issue, in this Case, was that the respondent
concerned was running a factory where four units were for manufacturing. Out
of these four units one was for paddy mill, other three consisted of flour mill,
saw mill and copper sheet units. The number of employees there were more
than 50. The RPFC applied the provisions of Employees Provident Fund Act,
1952 thereby directing the factory to give the benefits to the employees.

The person concerned segregated the entire factory into four separate units
wherein the number of employees had fallen below 50, and he argued that the
provisions were not applicable to him because the number is more than 50 in
each unit. It was held by the court that the mischief rule has to be applied and
all the four units must be taken to be one industry, and therefore, the
applicability of PFA was upheld.

The Golden Rule

It is known as the golden rule because it solves all the problems of
interpretation. The rule says that to start with we shall go by the literal rule,
however, if the interpretation given through the literal rule leads to some or any
kind of ambiguity, injustice, inconvenience, hardship, inequity, then in all such
events the literal meaning shall be discarded and interpretation shall be done in
such a manner that the purpose of the legislation is fulfilled.

The literal rule follows the concept of interpreting the natural meaning of the
words used in the statute. But if interpreting natural meaning leads to any
sought of repugnance, absurdity or hardship, then the court must modify the
meaning to the extent of injustice or absurdity caused and no further to prevent
the consequence.

This rule suggests that the consequences and effects of interpretation deserve a
lot more important because they are the clues of the true meaning of the words
used by the legislature and its intention. At times, while applying this rule, the
interpretation done may entirely be opposite of the literal rule, but it shall be
justified because of the golden rule. The presumption here is that the
legislature does not intend certain objects. Thus, any such interpretation which
leads to unintended objects shall be rejected.
Five part analysis of the golden rule of
interpretation
Whenever there is a shadow of scepticism casted on the grammatical
construction of any law then in such circumstances, the golden rule of
interpretation can be applied on the law in order to apply it to the facts in a
legal dispute. The external manifestation of the underlying law which is
interpreted from reading between the lines projects the true intent of the
legislature for which the golden rule is used. By taking into consideration the
consequences of the judgement, the judges have the discretion to interpret the
law in a rational manner. The analysis of Golden Rule can be divided into five
categories as discussed below:

 WARBURTON’S CASE
Explaining the principle underlying the Golden rule, Justice Burton in the case
of Warburton v. Loveland observed that in the very first instance of application
of law the grammatical sense of the wordings of law must be paid heed. But if
there is involvement of any absurdity, inconsistency, or is against the declared
purpose of the statute then in such circumstance, the grammatical sense of the
law can be modified or interpreted so far as there is no injustice caused to the
parties of the case. Even though the elementary rule of interpreting the words
as it is in their grammatical sense has been upheld by the courts in numerous
cases like Madan Lal v. Changdeo Sugar Mills, the courts should still be open to
various interpretations of the law so that no injustice is caused. This well-known
rule was strictly formulated by Parke B. in the case of Becke v. Smith wherein it
was held that, the wordings of the law which are unambiguous and plain nature
should be construed in their regular sense even though, if in their assessment it
is absurd or promotes injustice. We assume the function of the legislature when
we deviate from the ordinary meaning of the statute due to which from the
adherence to its literal meaning we prevent the manifestation of injustice.

 LORD WENSLEYDALE’S GOLDEN RULE

The term golden rule was coined by Lord Wensleydale which was later adopted
in the case of Gray v. Pearson due to which it is primarily called the Lord
Wensleydale‟s Golden Rule of Interpretation. Lord Wensleydale expressing this
opinion of the rule, mentioned that he is deeply awestruck with the perception
of the rule which is being universally accepted by the courts all over the world in
order to understand all the written laws, construing wills and other written
frameworks. He also mentioned that the ordinary derivative and the
grammatical construction of the law should be abided by in the first instance
unless there is any absurdity or repugnancy due to which it is necessary to
modify the ordinary understanding of the words. In the case of Matteson v.
Hart the golden rule was elaborately discussed by Jervis CJ where he relied on
the Golden Rule of Construction in order to understand the words used by the
Legislature in the Acts and also to prevent any absurdity and injustice which
may stem from the intention of the statute.

 HEYDON’S RULE OF MISCHIEF

In the Heydon‟s Rule of Mischief, he elaborated that only in such circumstances
where the intention of the legislature appears to be unjust, only in such cases
the intervention of the office of judges in interpreting the law is
reasonable. Slightly deviating from what Lord Wensleydale has opined, instead
of viewing the legislative intent as a whole and construe it all-together, the
reasons for the enactment of the laws in retrospect should be taken into
consideration so that we can derive the object it plans to subserve and the evil
it plans to end. In the case of Newspaper Ltd. v. State Industrial Tribunal, the
Latin maxim “ex visceribus actus” was cited which meant that while determining
the intention of the legislation, detached sections of parts of the Act should not
be taken, instead the intention of the act as a whole which construes the
constituent parts should be considered. This principle was reaffirmed in the case
of Inland Revenue Commissioners. V. Herbert where Lord Haldane interpreted a
legislation which was newly enacted and he adjudged that “Where words of
general understanding are used, the common understanding of men is one main
clue to the meaning of legislature.” But the Golden Rule of Interpretation laid by
Lord Wensleydale has been a principle accepted worldwide.

 LITERAL GOLDEN MISCHIEF

As described by Lord Granworth LC, this is a “Cardinal Rule ” which is a rule
based on common sense which is as strong as can be”. In the English cases,
there are three basic rules as elucidated by GW Paton. Those are:

1. Whatever the result, if the meaning of the wordings of law is plain then
they should be applied as per the Literal Rule.
2. Unless there is any ambiguity or absurdity in the wordings of the law,
the ordinary sense of the law should be resorted to as per the Golden
Rule.
3. The general policy or intention of the statute must be considered and
eliminate the evil which was directed as per the Mischief Rule.

 LATTER PART OF THE RULE

There is a lot of care which must be taken with regards to the later part of the
Golden Rule and in the case of Christopher v. Lotinga, every word of the Golden
Rule was subscribed to by Justice Willes. In the case of Woodward v. Watts,
Justice Crompton expressed his doubts regarding this rule and opined that the
Legislature must have enacted the legislation with a particular intent which may
be destroyed if the courts reinterpret it due to some absurdity which defeats the
whole purpose of the enactment. To understand the applicability of the three
methods of judicial approach which is the literal rule, the golden rule and the
mischief that the statute is designed for in order to prevent it, the case
of Vacher v. London Society of Compositors can be referred to. In this case, the
validity of Section 4(1) of the Trade Disputes Act, 1906 was in question as to
whether any torturous acts which are committed by the trade unions are
included under the protection or is it only such are which was torturous in
nature in furtherance of any trade dispute. Deciding on the former view, the
House of Lords relied on the aforementioned three judicial approaches in which
Lord Macnaughten adopted the golden rule of interpretation which is derived
from the case of Grey v. Pearson, while Lord Atkinson espoused the literal
approach which is derived from the case of Cooke v. Charles A Vageler and
lastly, the history of the enactment of the stature and the application the
mischief method has been relied upon by Lord Moulton.

Applicability and usage of golden rule of

interpretation
If there is a choice between two interpretations, then the interpretation which
reduces the futility or which is narrower in nature fails to incorporate the
purpose of the legislation due to which such a construction must be avoided as
discussed in the case of Nokes v. Doncaster Amalgamated Collieries Ltd by
Viscount Simon L.C. Instead, we should admit the bolder form of the
construction which is the intention of the Parliament to enact the legislation only
for the purpose of making the result effective. The transfer of an undertaking
which includes, property, duties, liabilities and rights from the old company to a
new company is dealt with under Section 154 of the Companies Act, 1929. In
the case of Luke v. R.R.C. an issue was raised with regards to the transfer of
contract of service existing between the former company and the individual. The
House of Lords adjudged that the notice of amalgamation should be provided to
the individual. The golden rule of interpretation has been used in this case
where if the prima facie meaning of the words would be taken into
consideration, then no consent would be required of the employee during
amalgamation, but this would lead to injustice. But in the present case the court
deviated from the wordings of the law and decided that it is the duty of the
transferor company to inform the workers about the amalgamation.

A restricted Construction was adopted by the legislature while drafting the

Central Services (Classification, Appeal And Control) Rules, 1956 specifically
Rule 11(VI) due to which it was interpreted by the court by using the Golden
Rule in the case of Nyadar Singh v. Union of India. This provision imposes a
penalty if there is any reduction in the grade post or service or the pay scale of
the employee. It was adjudged by the Supreme Court that if any person is
appointed to a bigger post or pay grade, then he cannot be abridged to a lower
pay grade or post due to which this provision acquired a wider construction as
interpreted by the Court. As per Maxwell, the applicability of Golden Rule is
significant in the area which is dedicated to the construction of legislations to
adjudge consequences and also the construction of certain provisions which
eliminate injustice and inconvenience or also evasion.

To explain the applicability of the Golden rule, the case of Free Lanka Insurance
Co. Ltd. v. Panasinghe can be referred where it was held that if a prisoner
escapes from prison due to fire accident, then he did not commit a felony under
the Statute as this act committed by him was not with the intention of getting
freedom but it is to save his life. Similarly, if there is any act which is done on
certain justifiable grounds then that act would not qualify as criminal in nature.

The Supreme Court and High Court in India have applied the Golden
Construction of Statutes in various judgements as previously discussed. But
there is a certain confusion which is observed between the Golden rule and the
Literal Rule as even though initially the literal meaning of the statute is taken
into consideration if it is plain and logical but if there is any trace of absurdity or
uncertainty then the interpretation of the court would pay a significant role. But
if there is a possibility that there is more than one meaning of the wording in
the statute, then any addition, substitution or rejection should be done by the
court modifying the language so that the intention of the legislature is
expounded. Some of the landmark Indian cases in which the Golden Rule was
used was with respect to the interpretation of the provisions like “Section 23 of
the Representation of People‟s Act, 1951” and Section 3A of the U.P. Sales Tax
Act, 1948 which were dealt with in Narendra Kiadivalapa v. Manikrao
Patil and Annapurna Biscuit Manufacturing Co. v. Commissioner of Sales Tax, U
P respectively. Therefore, the applicability of the Golden Rule of Interpretation
in the Indian cases and the foreign cases has a narrow and wide approach which
needs to be observed by the courts in their working.

The judicial criticism faced on the application of

golden rule
The golden rule of interpretation should be adopted with caution because of
certain reasons which were discussed by the Court in the case of Lord Moulten
in Vacher & Sons v. London Society of Compositor. There is a possibility that
this rule could develop into a conventional jurisdictive critique of the
legislature‟s acts‟ legality. The statutes must be interpreted on the basis of the
wordings of the law, and while the respective resultants of two competing
interpretations may occasionally direct us in our options, we can only do so if
we are in a position to convince ourselves that the words could not have been
used as per the sense of the suggested arguments by looking at the Act as a
whole and comparing it to the prevailing law of the land at the time of the
enactment of the legislation. The legal rights or laws which are formulated for
the advantage of the community at large may come in struggle with the
individual interest of the public due to which it may cause injustice in the form
of repugnancy or absurdity. The Apex Court in the case of State Bank of India v.
Shri N. Sundara Money has judged that the duty of the courts of justice is to
take care of the rights of the public at large instead of individual rights. If the
words of the statute are absurd in their nature, then they should even come
under the term of repugnancy in order to use the Golden Rule due to which the
scope of the term is wide.

The Golden Rule is considered to be an old law which has been used since the
16th century, when British law was the fundamental basis for law and
parliamentary sovereignty had not yet been constituted. It is contended that it
gives the unelected judiciary too much jurisdiction and responsibility, which is
undemocratic in nature. The Golden Rule also clearly violates the law of the land
by constructing a crime after the occurrence of the events, as observed
in in Smith v Hughes and Elliot v Grey. It encroaches on the separation of
powers by assigning judges a legislative role, and judges can bring their own
opinions, conscience, and preconceptions to a matter, as seen in the case
of DPP v Bull and Smith v Hughes.

Case laws
Tirath Singh v. Bachittar Singh, AIR 1955 SC 850

In this case, there was an issue with regard to issuing of the notice
under section 99 of Representation of People’s Act, 1951, with regard to
corrupt practices involved in the election.

According to the rule, the notice shall be issued to all those persons who are a
party to the election petition and at the same time to those who are not a party
to it. Tirath Singh contended that no such notice was issued to him under the
said provision. The notices were only issued to those who were non-parties to
the election petition. This was challenged to be invalid on this particular ground.

The court held that what is contemplated is giving of the information and the
information even if it is given twice remains the same. The party to the petition
is already having the notice regarding the petition, therefore, section 99 shall be
so interpreted by applying the golden rule that notice is required against non-
parties only.
State of Madhya Pradesh v. Azad Bharat Financial Company, AIR 1967
SC 276, Issues of the case are as follows.

A transporting company was carrying a parcel of apples was challenged and

charge-sheeted. The truck of the transporting company was impounded as the
parcel contained opium along with the apples. At the same time, the invoice
shown for the transport consisted of apples only.

Section 11 of the opium act 1878, all the vehicles which transport the
contraband articles shall be impounded and articles shall be confiscated. It was
confiscated by the transport company that they were unaware of the fact that
opium was loaded along with the apples in the truck.

The court held that although the words contained in section 11 of the said act
provided that the vehicle shall be confiscated but by applying the literal rule of
interpretation for this provision it is leading to injustice and inequity and
therefore, this interpretation shall be avoided. The words „shall be
confiscated‟ should be interpreted as „may be confiscated‟.

State of Punjab v. Quiser Jehan Begum, AIR 1963 SC 1604, a period of

limitation was prescribed for, under section 18 of land acquisition act, 1844,
that an appeal shall be filed for the announcement of the award within 6 months
of the announcement of the compensation. Award was passed in the name of
Quiser Jehan. It was intimated to her after the period of six months about this
by her counsel. The appeal was filed beyond the period of six months. The
appeal was rejected by the lower courts.

It was held by the court that the period of six months shall be counted from the
time when Quiser Jehan had the knowledge because the interpretation was
leading to absurdity. The court by applying the golden rule allowed the appeal.

Harmonious Construction
According to this rule of interpretation, when two or more provisions of the
same statute are repugnant to each other, then in such a situation the court, if
possible, will try to construe the provisions in such a manner as to give effect to
both the provisions by maintaining harmony between the two. The question that
the two provisions of the same statute are overlapping or mutually exclusive
may be difficult to determine.

The legislature clarifies its intention through the words used in the provision of
the statute. So, here the basic principle of harmonious construction is that the
legislature could not have tried to contradict itself. In the cases of interpretation
of the Constitution, the rule of harmonious construction is applied many times.

It can be assumed that if the legislature has intended to give something by one,
it would not intend to take it away with the other hand as both the provisions
have been framed by the legislature and absorbed the equal force of law. One
provision of the same act cannot make the other provision useless. Thus, in no
circumstances, the legislature can be expected to contradict itself.

Cases –

Ishwari Khaitan Sugar Mills v. State of Uttar Pradesh, in this case, the
State Government proposed to acquire sugar industries under U.P Sugar
Undertakings (Acquisition) Act, 1971. This was challenged on the ground that
these sugar industries were declared to be a controlled one by the union
under Industries (Development and Regulation) Act, 1951. And
accordingly, the state did not have the power of acquisition of requisition of
property which was under the control of the union. The Supreme Court held that
the power of acquisition was not occupied by Industries (Development and
Regulation) Act, 1951. The state had a separate power under Entry 42
List III.

M.S.M Sharma v. Krishna Sinha, AIR 1959 SC 395.

Facts of the case are as follows- Article 19(1)(a) of the Constitution provides
for freedom of speech and expression. Article 194(3) provides to the
Parliament for punishing for its contempt and it is known as the Parliamentary
Privilege. In this case, an editor of a newspaper published the word -for- word
record of the proceedings of the Parliament including those portions which were
expunged from the record. He was called for the breach of parliamentary
privilege.

He contended that he had a fundamental right to speech and expression. It was

held by the court that article 19(1)(a) itself talks about reasonable freedom
and therefore freedom of speech and expression shall pertain only to those
portions which have not been expunged on the record but not beyond that.

Conclusion
Every nation has its own judicial system, the purpose of which to grant justice
to all. The court aims to interpret the law in such a manner that every citizen is
ensured justice to all. To ensure justice to all the concept of canons of
interpretation was expounded. These are the rules which are evolved for
determining the real intention of the legislature.

It is not necessary that the words used in a statute are always clear, explicit
and unambiguous and thus, in such cases it is very essential for courts to
determine a clear and explicit meaning of the words or phrases used by the
legislature and at the same time remove all the doubts if any. Hence, all the
rules mentioned in the article are important for providing justice.