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Literal Rule of Interpretation
Literal Rule of Interpretation
GANDHINAGAR.
Research Project on
LITERAL RULE OF INTERPRETATION
Submitted to:
Sanjeev Kumar Choudhary
Assistant Professor of Law
Gujarat National Law University,
Gandhinagar-382426, Gujarat, INDIA
TABLE OF CONTENTS
Abstract.....................................................................................................................................3
Introduction.............................................................................................................................4
Recommendations.................................................................................................................16
Conclusion..............................................................................................................................17
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ABSTRACT
The interpretation backing literal rule stands as one of the most ancient
techniques employed by the judiciary for deciphering legal texts. Within the context
of India, the literal rule assumes the role of a foundational doctrine that judges wield
during the process of interpreting statutes. As per the literal rule, judges are
mandated to accord primary significance to the precise or grammatical
interpretation of the statute, irrespective of its potential consequences or perceived
legislative intentions. Broadly speaking, the Indian judicial system adheres to the
principle that courts must construe legislation based on the clear and direct meaning
of the words employed, without incorporating any supplementary connotations or
intentions.
The current research endeavor undertakes an investigation into the utilization of the
literal rule in the construction of statutes within the framework of the Indian legal
system. The study places specific focus on the intricate equilibrium that needs to be
maintained between legal definiteness and legislative purpose. The literal rule,
which underscores the plain and customary interpretation of statutory language,
emerges as a fundamental doctrine of statutory interpretation. This inquiry delves
into the pivotal factors and consequences associated with employing the literal rule
in the construction of statutes in India, with the aim of offering insights into the
delicate equilibrium required to uphold both legal precision and fidelity to
legislative intent.
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Key Words: Literal Rule, Ancient Techniques, deciphering legal texts, legislative
intentions, parliament enacting, legal precision, legislative intent.
INTRODUCTION
1
K, I. The literal rule of interpretation of statute. Legal Service India - Law, Lawyers and Legal
Resources. https://www.legalserviceindia.com/legal/article-1730-the-literal-rule-of-interpretation-of-
statute.html
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Nevertheless, the Literal Rule has its drawbacks. It can lead to provisions that are
vague, nonsensical, and at odds with the intentions of the statute's framers. In such
scenarios, judges might resort to the Golden Rule of Interpretation, which permits
deviation from a literal interpretation of the text when it results in confusing,
ludicrous, or ambiguous conclusions. The Golden Rule comes into play when the
literal interpretation of the text generates an irrational outcome that likely does not
align with the legislature's intention. A definitive standard for interpretation cannot
be universally established, and a statute cannot be comprehended in isolation from
its context. Judges are required to act in alignment with the true intent of the
legislator.3
The origins of the literal rule trace back to the 16th century, a period
during which it emerged as a means to curtail the authority of the judiciary. This
rule came into being as a response to what was perceived as judicial activism during
that era, wherein judges interpreted statutes in manners that extended beyond their
intended scope. The literal rule was conceived as a mechanism to restrict the
judiciary's power while simultaneously preserving the unaltered intentions of the
legislature. As India inherited a legal system deeply rooted in British legal
principles, the literal rule was implemented during the initial stages of Indian
jurisprudence. The literal interpretation of statutes held great importance, ensuring
predictability, legal assurance, and faithfulness to legislative intent.4
2
Maheshwari, R. (2021, April 26). All about literal rule of interpretation. Law Corner.
https://lawcorner.in/all-about-literal-rule-of-interpretation/
3
Courts can declare, interpret law but cannot entrench upon legislation: SC judge. The Economic Times.
(n.d.). https://economictimes.indiatimes.com/news/india/courts-can-declare-interpret-law-but-cannot-
entrench-upon-legislation-sc-judge/articleshow/84417571.cms
5
Given India's foundation upon a written constitution and a parliamentary system of
governance, the interpretation of statutes assumes a crucial role in defining rights,
obligations, and the extent of the law. Over the course of court practices, the criteria
and principles for interpretation have evolved. These guidelines establish a
consistent framework for interpreting the various components of a statute, including
divisions, sections, sub-sections, and other segments. These interpretation rules are
often referred to as "construction rules" or "canons of construction." The Indian
Constitution confers authority upon both the Parliament and state legislatures to
enact laws, resulting in a substantial body of legislation. Nonetheless, statutes cannot
predict every conceivable event or scenario, necessitating judicial interpretation to
clarify statutory requisites. This process of statutory interpretation empowers courts
to discern the actual intent of the legislator and guarantee the proper application of
the law across diverse factual scenarios. In India, statutory interpretation holds
immense significance as it guides the judiciary, maintains uniformity and
consistency in legal application, and strikes a balance between legislative intention
and individual justice. It serves as a means to bridge gaps and ambiguities, ensuring
equitable and fair outcomes.5
4
Pandya, P. (2020, May 23). Literal rule of interpretation. Law column.
https://www.lawcolumn.in/literal-rule-of-interpretation/
5
The rules of statutory interpretation. The Lawyers & Jurists. (n.d.).
https://www.lawyersnjurists.com/article/the-rules-of-statutory-interpretation
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1. In the matter of Maqbool Hussain vs State of Bombay [AIR 1953 SC 325], the
petitioner arrived at an Indian airport without disclosing his possession of
gold. Following a subsequent search, the gold was discovered in his
possession, constituting a breach of a government notification. The gold was
confiscated under Section 167(8) of the Sea Customs Act of 1878, and the
petitioner faced charges under Section 8 of the Foreign Exchange Regulation
Act, 1947. The petitioner contended that his trial under the 1947 Act violated
Article 20(2) of the Constitution, which safeguards against double jeopardy,
citing that his gold had already been confiscated, tantamount to punishment.
The Supreme Court ruled that the Sea Customs Authority did not function as
a judicial tribunal, and decisions pertaining to confiscation or augmented
duty penalties under the Sea Customs Act did not amount to prosecution.
Thus, the petitioner's trial under the 1947 Act was deemed valid.
2. In the case of Ranjit Udeshi vs State of Maharashtra [AIR 1965 SC 881], the
appellant faced conviction under Section 292 of the Indian Penal Code for
vending the book "Lady Chatterley's Lover," which was proscribed and
deemed obscene by the Government of India. The appellant argued before the
Supreme Court that, in criminal law, the prosecution must establish mens rea
(culpable intent) of the accused, and the lack of proof of mens rea rendered
the conviction unwarranted.
The Supreme Court held that in the offense delineated in Section 292 of the
Indian Penal Code, awareness of obscenity was not a pivotal element requisite
for conviction. The section's language was distinct and its meaning apparent.
The court emphasized that it must attribute the words in the section their
natural interpretation, thereby refuting the appellant's contention.
3. In the case of CIT v. T. V Sundaram Iyengar (1975) 101 I.T.R 764 SC, the court
expounded on the Literal Rule, stating, "When the language used in a statute
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is clear and unambiguous, the court is obliged to adhere to its plain meaning,
even if it results in an unjust outcome."
4. In the instance of Insurance Co. Ltd. vs Shinder Kaur, AIR 1998 P&H, the
court emphasized that when statutory or legal provisions employ lucid and
unambiguous language, it is imperative to adhere to the plain meaning of the
words.
5. In the case of Naresh Kumar Madan vs State of Madhya Pradesh, AIR 2008
SC, the Supreme Court observed that varied statutes might employ the same
terms for distinct purposes. This underscored the notion that the
interpretation of a term within a specific statute should be molded to align
with its designated purpose and intent, unlike another statute where the term
may harbor a different connotation. Consequently, interpreting a term in one
statute should not rest upon its definition in another statute, barring
exceptions under the General Clauses Act of 1897.
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iii. Avoidance of Judicial Bias: The literal guideline reduces the influence of
judges' personal perspectives in interpreting statutes. By relying on the
common meaning of words, it curtails the room for individual prejudices or
interpretations, fostering an objective and uniform method of statutory
interpretation.
iv. Safeguarding the Separation of Powers: The literal approach maintains the
separation of powers by allowing the judiciary to interpret the law without
encroaching on the legislative role. It ensures that the judicial function
remains confined to giving effect to the legislature's intent as articulated in the
statute's text.
v. Minimization of Judicial Activism: The literal rule serves as a
countermeasure against judicial activism, ensuring that judges do not
overstep their boundaries by imposing their personal views or opinions on
the interpretation of statutes. This maintains a proper balance between the
roles of the legislature and the judiciary.
vi. Respect for Legislative Process: By adhering closely to the wording of
statutes, the literal rule demonstrates respect for the democratic process
through which legislation is formulated and enacted. It avoids a scenario
where judges reshape the law according to their own interpretations.
vii. Time-Efficiency: The literal rule can expedite legal proceedings since it
focuses on the immediate and apparent meaning of the statute's language.
This efficiency is particularly valuable in cases where prompt resolution is
essential.
viii. Clarity in Legal Drafting: The requirement to adhere to the literal meaning of
words encourages lawmakers to draft legislation with precision and clarity.
This minimizes the chances of ambiguity or confusion arising from vague or
poorly constructed statutory language.
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ix. Promotion of Legislative Review: If the literal rule leads to outcomes that are
deemed impractical or unintended, it prompts legislators to revisit and revise
the statute to align it more accurately with their original intentions.
x. Equal Treatment: The literal approach treats all individuals equally before the
law, as it avoids the inclusion of subjective interpretations that might result in
disparate treatment based on personal biases.
xi. Stability in Precedent: The literal rule contributes to the stability of legal
precedent, as decisions made based on the plain meaning of statutes are less
likely to shift over time, providing a reliable framework for future cases.
i. Potential Inflexibility: The literal rule can lead to overly rigid interpretations
that do not account for changing societal contexts or unforeseen
circumstances. This can result in outcomes that were clearly not intended by
the legislature.
iii. Neglect of Legislative Intent: In cases where the literal meaning of words
conflicts with the obvious legislative intent, the literal rule may disregard the
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underlying purpose of the law, leading to outcomes that go against the spirit
of the legislation.
iv. Inadequate Coverage of Evolving Language: The literal rule might fail to
accommodate shifts in language usage over time, potentially misinterpreting
statutes due to changes in linguistic norms.
viii. Disregard for Legislative Drafting Errors: The literal rule assumes that
legislative drafting is flawless, disregarding the possibility of errors,
omissions, or inconsistencies in the wording of statutes.
x. Inhibition of Judicial Discretion: Strict application of the literal rule can limit
judges' discretion to harmonize conflicting provisions or address unforeseen
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gaps in legislation, potentially hindering the pursuit of justice in individual
cases.
6
Olls. (2019, September 12). Statutory construction: Legislative intent and the presumptions used to
interpret statutes. Colorado LegiSource. https://legisource.net/2015/07/30/statutory-construction-
legislative-intent-and-the-presumptions-used-to-interpret-statutes/
7
Richards, J. C., & Rodgers, T. S. (n.d.). Alternative approaches and methods (part II) - approaches and
methods in language teaching. Cambridge Core. https://www.cambridge.org/core/books/abs/approaches-
and-methods-in-language-teaching/alternative-approaches-and-methods/
B7AAA545AA7E9788E3971BE068508EE3
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PROGRESSIVE LEGAL PRECEDENCE: CONTEMPORARY
PATTERNS AND JUDICIAL CONVERSATION
Indian courts have a tendency towards a more flexible interpretive approach, often
striking a balance between the literal rule and contextual or purposive
interpretations. This includes judicial activism in cases involving constitutional
issues and public interest matters, as well as the recognition of the need for
contextual and purposive interpretation to align with evolving principles of justice
and equity. Recent trends in Indian statutory interpretation reflect a growing
emphasis on context, purpose, and fundamental rights. The courts’ increasing
adoption of a contextual and purposive approach in interpreting statutes considers
factors such as legislative intent, societal impact, and public policy concerns. The
dialogic approach employed by courts engages with different stakeholders to ensure
a comprehensive understanding of the issues at hand.
The literal rule has drawn criticism for being rigid and having the potential to
produce absurd outcomes. The purposive method, in contrast, has drawn criticism
for its subjectivity and ability to cause confusion among those who must abide by
the law, including individuals as well as businesses. Despite these criticisms, both
the literal rule and the purposive approach remain important principles of statutory
interpretation, and courts may use either approach depending on the circumstances
of the case.
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RECENT RULINGS IN INDIAN COURTS DEVIATING FROM THE
LITERAL RULE.
8
Mahawar, S. (2021, July 17). Understanding the rule of purposive interpretation of statutes. iPleaders.
https://blog.ipleaders.in/understanding-the-rule-of-purposive-interpretation-of-statutes/
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This method entails considering the fundamental purpose or intention of the
legislation, recognizing that statutes aren't conceived in isolation but rather to tackle
societal concerns and advance particular aims. By taking into account legislative
intent, judges can ensure that the law's interpretation aligns with the overarching
objectives of the legislation. Steering away from the literal rule empowers judges to
harmonize conflicting provisions and bring the legislation's comprehensive
framework into effect.9
9
Palsikar, A. (2020, December 30). Critical analysis of literal rule of interpretation. SSRN.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3720368
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uncertainty and the chance of incongruity. It becomes imperative for courts to
receive guidance in the fundamental principles of statutory interpretation,
while the legislature must furnish additional clarity regarding the meaning
and intention of statutes to mitigate these risks.10
RECOMMENDATIONS
10
Role and approach of the judge in the interpretation of statutes. Legal Service India - Law, Lawyers and
Legal Resources. (n.d.-a). https://www.legalserviceindia.com/legal/article-7597-role-and-approach-of-
the-judge-in-the-interpretation-of-statutes.html
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Plausible reforms encompass amending legislation to incorporate an elucidation of
purpose or objective, furnishing guidance on the application of the literal rule,
promoting the inclusion of explanatory notes, and pondering the implementation of
a statutory interpretation code. Courts should furnish elaborate rationale and
transparent verdicts. Enriched training and education for judges, legal professionals,
and lawyers on the subject of statutory interpretation can cultivate a nuanced
comprehension of interpretative techniques and principles, thereby fostering a more
uniform and efficacious statutory interpretation. These endeavors are designed to
enhance statutory interpretation and guarantee the encapsulation of legislative
intent.
CONCLUSION
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decision-making. Reforms such as interpretive acts, explanatory notes, and even the
consideration of a statutory interpretation code can further bolster this balance.
In the ever-evolving legal arena, the synergy between legal certainty and legislative
intent is vital for ensuring justice and fairness. Striving for a harmonious coexistence
of these elements is not only a goal of statutory interpretation but also an essential
pillar of a just and equitable legal system. By embracing a pragmatic, adaptable, and
comprehensive approach, the legal community can navigate the intricacies of
interpretation and continue to uphold the spirit of the law while maintaining
predictability and clarity.
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