MODULE I- CONCEPT AND IMPORTANCE OF INTERPRETATION

Object of Interpretation: laws, Statutes, Legislations

Oldest form of Law: Shrutis – Jus receptum

Smritis: Dharmashastras : - Manusmriti ; citations found in (200 BC- 100 AD)

- Yagnavalkya Smriti; (200AD- 300AD)
- Narada Smriti; (200 AD): Dealt with principles of
judicature and administration
Schools in Yagnavalkya: 1. Dayabhaga
2. Mitakshara
Another code is Imperial Code of Mauryan Dynasty

“Arthshastra”: Religion neutral in dealing with matters related to governance and

economic activities.

Dharmashastras are more religious in approach.

Question: Find out oldest laws world wide chronologically. (H. W.)

1.1.1. Law making process

How law-making process is triggered? (What leads to make it)

• Burning issues / problems faced by majority of people.

• Evolution of society resulting into expansion of needs
• Research works
• Emergency situations/ Serious incidents. (for example, MISA, TADA)
• Social change (E.g., Nirbhaya case)
• Technological advancements.

How?

• Draft Committee: Ministers + law officers + bureaucrats + Experts of the field

+ Advocates + Social Workers)
• Draft Bill: Draft Bills are Government Bills that are issued first in a draft form
to allow them to be looked at in detail before they are introduced. A bill is
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 the draft of a legislative proposal, which, when passed by both houses of
Parliament and assented to by the President, becomes an Act of Parliament.
• Bill: The process of law making begins with the introduction of a Bill in either
House of Parliament. A Bill can be introduced either by a Minister or a
member other than a Minister. In the former case, it is called a Government
Bill and in the latter case, it is known as a Private Member’s Bill.
• A Bill undergoes three readings in each House, before it is submitted to the
President for assent.
→ First Reading: motion for leave to introduce a Bill in the House on the
adoption of which the Bill is introduced; or the laying on the Table of
the House of the Bill, as passed by the other House.
→ Second reading: The “First Stage” constitutes discussion on the
principles of the Bill and its provisions; The “Second Stage” constitutes
the clause by clause consideration of the Bill, as introduced in the
House or as reported by a Select or Joint Committee, as the case may
be.
→ The Third Reading refers to the discussion on the motion that the Bill
or the Bill, as amended, be passed. Rajya Sabha also follows the same
lower house procedure.
→ After a Bill has been finally passed by the Houses of Parliament, it is
submitted to the President for his assent. After a Bill has received the
assent of the President, it becomes the law of the land with gazette
notification.
• Publication of the Act: most legislations are Published in official gazette and
notification is done simultaneously for such law to be enforceable.
• The law is enforced from the date of such publication.
Exception: Whistle Blower’s Act, 2014. The Act cannot be enforced because it was
not published.

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LEGISLATION: Process of making laws yields to the production of legislation.

Types (Broadly):

1. Supreme Legislation:
→ Supreme legislation must flow from the Constitution.
→ Proper publication of law is necessary for enforcement of law.
→ Examples, Central Acts, State Acts, Ordinances
2. Subordinate/ Delegated Legislation:
→ All subordinate legislations are in compliance with the parent Act.
→ Should be published
→ Examples, orders, Regulations, By-laws, Rules, Notifications
→ Ambit of subordinate legislation is focused, so it is more important to
publish it and bring out notification of such delegated legislation.

Importance of Publication: Cases

Harla Vs State of Rajasthan, 1951 AIR 467: For the 1st time the importance of
publication was highlighted.
- the Jaipur Opium Act was never published in the Gazette either before or
after the 1st of November, 1924.
- On the 19th of May, 1938, section 1 of the Jaipur Opium Act was amended
by the addition of subsection (c) which ran as follows: “It shall come into
force on the 1st of September, 1924.”
- Issue: Whether the mere passing of the Resolution without promulgation
or publication in the Gazette or other means to make the Act known to the
public, was sufficient to make it law.
- Held: If the Opium Act was not a valid Act at that date (Due to non-
publication), it could not be validated by the publication of only one
section of it in the Gazette fourteen years later.
- The Jaipur Laws Act of 1923 required the whole of the enactment to be
published; therefore publication of only one section would not validate it
if it was not already valid.

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 Govind Lal Vs. Agricultural Marketing Produce Committee, AIR, 1976 SC 263.
The Act in question: GJ Agricultural Produce Act, 1964. The importance of proper
publication has been ruled.
- The appellant was prosecuted for having purchased a certain quantity of
ginger without obtaining a licence as required by the Gujarat Agricultural
Produce Markets Act, 1964.
- The trial court accepted the factum of purchase but it acquitted the
appellant on the ground that the relevant notification in regard to the
inclusion of ginger was not shown to have been promulgated and
published as required by the Act.
- On appeal, the High Court reversed the acquittal and sentenced the
appellant to a fine.
- On SLP, SC Held: As there was no proper publication that notification lacks
legal validity and no prosecution can be founded upon its breach

In Section 23 of the general Clauses Act, 1897 – “Concept of previous publication”

is there.

S. 23(1) the authority having power to make the rules or bye-laws shall, before
making them, publish a draft of the proposed rules or bye-laws for the information
of persons likely to be affected thereby;

In cases of delegated legislations, it should be first circulated among the people

affected among the people affected / region affected.

# damages can be claimed only in civil suits; compensation can be claimed only in
criminal suits.

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1.1.2. What is a statute? Parts of a statute

• According to Black’s Law Dictionary, a Statute is an act of the legislature; or

a particular law established by the will of the legislative bodies expressed
with the requisite formalities.
• A formal written enactment of a legislative authority that governs a country,
state, city, or county.
• Statutes are rules made by legislative bodies: they are distinguished from
case law or precedent, which is decided by courts, and regulations issued
by government agencies.
• The Constitution of India does not use the term ‘Statute’ but it uses the term
‘law’. ‘Law’ includes any ordinance, order, bye-law, rule, regulation,
notification, custom or usage having the force of law. [Article 13 (3) (a) of the
constitution].
• Therefore, a Statute is the will of the legislature and Indian Statute is an Act
of the Central or State Legislature. Statutes include Acts passed by the
Imperial or Provincial Legislature in Pre-Independence days as well as
Regulations.
• Statutes: Codified instrument/law passed by an authority which is
enforceable in the court of law upon publication.
• Statutes set forth general propositions of law that courts apply to specific
situations. A statute may forbid a certain act, direct a certain act, make a
declaration, or set forth governmental mechanisms to aid society.

Parts of Statutes:

1. Short Title: The title of the statute is the heading on the preliminary part,
furnishing the name by which the Act is individually known.
- Does not have any suggestive or descriptive meaning
- Not to be used while arguing in court of law.
2. Preamble / Long Title: Explains
- the reasons for its enactment and
- the objects sought to be accomplished
- The policy of the law

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 3. Definition/interpretation Clause: Explanations of terms
4. Chapters – title; Sub Chapters – title
Parts of Section:
1. Heading/marginal note
2. Body – Operating part/ enacting part/Active part
- Section, Sub-sections
- Clause, Sub-clause
- Proviso
- Explanations and Exceptions
- Illustrations: Only those published by legislature. Comments provided
by publishers have no validity.

# Non-obstante Clause – “Not withstanding”. It overrules application of operating

Sections.

5. Repealing Clause: That part of the statute which announces the prior
statutes or specific provisions which have been abrogated by reason of the
new law.
6. Saving Clause: A restriction in a repealing act, which is intended to save
rights, pending proceedings, penalties, etc., from the annihilation which
would result from an unrestricted repeal.
7. Separability Clause: That part of the statute which provides that in the event
that one or more provisions are declared void or unconstitutional, the
remaining provisions shall still be in force and effect.
8. Effectivity Clause: That part of the Statute which announces the effective
date of the law.
H.W. [Any subject – where a law/Section should be enunciated]
H.W. [2018 – Criminal Law amendment.]

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1.1.3. Typologies based on subject matter and form

Statutes may be classified with reference to its duration, effect, operation, Nature,
object, content and subject-matter/extent of application.

(A) Based on content/subject matter:

1. Regulatory/Criminal Statutes: A Criminal Statute is one which deals entirely

with crimes and their regulations within a society/state e.g. IPC and Cr.PC.
These statutes define an act to be called as a crime and prescribe
punishments for the commission or omission of such acts. The primary object
of a Criminal Statute is to define the acts or omission that shall constitute a
criminal conduct and its secondary object is to provide punishment for these
acts and omissions.
2. Penal Statutes: A Penal Statute is a statute whose basic aim is to prescribe
punishments for certain criminal acts. In other words, the primary object
behind a Penal Statute is to define punishments for certain acts which have
been categorized as criminal. Mostly, Criminal and Penal Statutes are terms
which are used interchangeably. However, owing to their nature sometimes
an Act may be both Criminal and Penal, like IPC which is mainly dealing with
defining and prescribing punishments for criminal acts. It is concerned at the
same time both with the regulation of crime and prescribing of punishments
for offences so defined.
3. Taxing/Fiscal Statutes: A Fiscal Statute is an Act that dealing with
fiscal/financial matters or with matters of revenue and expenditure of public
wealth. For example, Income Tax Act etc.
4. Remedial Statutes: These are civil in nature. They are dealing with the
remedies to be granted to individuals in case of violation of their private or
civil rights. The remedies may include, restitution, compensation,
declaration, specific performance, damages and even penal damages etc. For
example, Specific Relief Act, 1897 etc.
5. Social Welfare/Public Statutes: A Public Statute is meant to regulate the
relationship between an individual and the society as a whole. It is concerned

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 with the individual rights of the people as also with the collective rights of
the society.
6. Real Statutes: A statute that deals with property matters are known as Real
Statutes.
7. Private Statutes: It deals with the individual/private rights and duties of the
people. In other words, these kinds of statutes regulate the relationship
existing between specific individuals in contrast to Public Statutes which deal
with the relationship of a person and society.
(B) Based on Structure:

1. Consolidating Statutes: There is no precedent involved. Usually a combination of

pre-existing laws.

2. Codifying Statutes: Precedents is involved. May be in new/old statutes

[H.W. list of consolidating and codifying statutes]

# Proviso: Starts with ‘Provided that’: Effect of it should be read along with the
clause in which it occurs.

1.4 Interpretation of Statutes: What? Why? How?

Enacted laws, especially the modern Acts and Rules, are drafted by legal experts
and it could be expected that the language used will leave little room for
interpretation or construction. But the experience of all those who have to bear
and share the task of application of the law has been different.

Interpretation means the art of finding out the true sense of an enactment by giving
the words of the enactment their natural and ordinary meaning. The Court is not
expected to interpret arbitrarily and therefore there have been certain principles
which have evolved out of the continuous exercise by the Courts. These principles
are sometimes called ‘rules of interpretation’

Elaborate rules of interpretation were evolved even at a very early stage of Hindu
civilization and culture. The rules given by ‘Jaimini’, the author of Mimamsa Sutras,
originally meant for Sruties were employed for the interpretation of Smritis also.

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Meaning and Definition of Interpretation

Interpretation of statute is the process of ascertaining the true meaning of the

words used in a statute. When the language of the statute is clear, there is no need
for the rules of interpretation. But, in certain cases, more than one meaning may
be derived from the same word or sentence. It is, therefore, necessary to interpret
the statute to find out the real intention of the statute.

Basic reasons for Interpretation of Statutes

1. Legislative Language – Legislative language may be complicated for a layman,

and hence may require interpretation; and
2. Legislative Intent – The intention of the legislature or Legislative intent
assimilates two aspects:
(a) the concept of ‘meaning’, i.e., what the word means; and
(b) the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’
pervading through the statute.

Some Important points to be taken care of in the context of interpreting Statutes

• Intention of the legislature.

• Statute must be read as a whole in its Context.
• Statute should be Construed so as to make it Effective and Workable – if
statutory provision is ambiguous and capable of various constructions, then
that construction must be adopted which will give meaning and effect to the
other provisions of the enactment rather than that which will give none.
• If meaning is plain, effect must be given to it irrespective of consequences.
• The process of construction combines both the literal and purposive
approaches. The purposive construction rule highlights that you should shift
from literal construction when it leads to absurdity.

1.5 How to read the letter of the law?

The “letter of the law” means exactly what the law says. In other words, the letter
of the law means the exact words of a law rather than the intended or general
meaning. On the contrary, the “spirit of the law” is the reasoning behind why the

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law was enacted, what it was trying to achieve. It is possible to violate the “letter
of the law” but not the “spirit of the law”. In such cases, law enforcement and
prosecutors hopefully use discretion and don’t usually enforce violations of the
“letter of the law” as long as the “spirit” wasn’t violated.

1.6 What is ambiguity in law? Types of ambiguities

Interpretation: Cooley and Crawford: Interpretation is the art of finding out what
the letters of law means.

“Interpreted interpretation case inclaris”

Ambiguity: means vagueness or uncertainty of meaning, the possibility of

interpreting an expression in two or more distinct ways. In the context of statutory
interpretation, ambiguity is used to indicate “gaps in legal and literal meanings”.

There are 4 types of ambiguities:

1. Semantic Ambiguity: Semantic ambiguity is when a particular word has two

different interpretations of that one word.
(For example, Meredith is in a terrible state. The interpretation can be either
Meredith is in a terrible psychological or physical state or she lives in a
terrible/ bad state of Texas.)
Cases:
Martland Dairy Farm Vs U.O.I., AIR 1975 SC 492
Central Sales Tax Act, 1956 on the notification – “Cream was exempted from
sales tax except those sold in ‘sealed’ containers”. Here ‘sealed’ is an ambiguous
term. (sealed may mean ‘just a secure packaging’ or ‘use of container bearing
an identifiable seal of a brand’)
The dispute was not on the facts but the inference of the legislation.

- The appellant sends cream to Calcutta in sealed container.

- The sales tax authorities held that the case was the interstate sales of cream
but that the exemption extended by the notification could not be enjoyed by
the assessee since he does not fall within the area of exclusion contained in
the exemption notification.
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 - The High Court rejected the writ petition of the appellant who argued that
only branded creams are to be taxed according to the legislation.
- On appeal to the SC: the appellant demanded exemption and contended that
the containers were used for bulk transportation, that sealing was for
preventing abuse on the way or to avoid pilferage and (and not for branding).
That the emphasis should be on the "cream" and the container had no
relevance in the context of the legislation as for transportation any cream
container has to be properly sealed.
- HELD: Dismissing the appeal, the Supreme Court decided to interpret the
legislation as per its literal / plain meaning only. "Sealed container" merely
means a container which is "so closed that access to the contents is
impossible without breaking the fastening. The expression seal in this context
does not involve affixture of the seal of the seller such as impressing a signet
in wax etc., as evidence or guarantee of authenticity.
“An article may be regarded as put in sealed containers if it is closed securely
in any vessel or container by any kind of fastening or covering that must be
broken before access can be obtained to what is packed inside. This is the
literal meaning of the expressions used in the notification. May be the intent
of the State was that sealed containers would be used only by big
manufacturers who were able to bear the burden of tax so they should be
taxed.”
2. Syntactic Ambiguity: In English grammar, syntactic ambiguity is the presence of
two or more possible meanings within a single sentence or sequence of words.
Case:
Rakesh Wadhwan vs jagdamba Industrial Corp, AIR 2002, SC, 2004

Legislation: Sec 13(2)(i) of East Punjab Rent Restriction Act, 1949.

Section 13 (2) A landlord who seeks to evict his tenant shall apply to the
Controller for a direction in that behalf. If the Controller, after giving the tenant
a reasonable opportunity of showing cause against the applicant, is satisfied

(i) that the tenant has not paid or tendered the rent due by him in respect of the
building or rented land within fifteen days after the expiry of the time fixed in

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 the agreement of tenancy with his landlord or in the absence of any such
agreement, by the last day of the month next following that for which the rent
is payable:

Provided that if the tenant on the first hearing of the application for ejectment
after due service pays or tenders the arrears of rent and interest at six per cent
per annum on such arrears together with the cost of application assessed by the
Controller, the tenant shall be deemed to have duly paid or tendered the rent
within the time aforesaid;

Words: “together with” signify – Not only cost of application but also due rent +
interest

- In the eviction petition, the landlord prayed for a direction from the Rent
Controller to evict the tenants on the ground of non-payment of rent. The Rent
Controller ordered eviction. The tenants claimed to have paid all due rent
amount and went to Appellate Authority.
- Appellate Authority reversed the order
- On revision petition High court refused to interfere
- SLP to the SC
- The SC observed that there is a serious lacuna with the relevant provision of
the Act as it suffers from ambiguity and which have been causing several
disputes of landlord -tenant.

In Section 13(2) (i) proviso, the words 'assessed by the Controller' qualify not
merely the words 'the cost of application' but the entire preceding part of the
sentence i.e. 'the arrears of rent and interest at six per cent per annum on such
arrears together with the cost of application'.

SC observation: that the Legislature should have used the word in that
interpretation which least offends our sense of justice. A construction giving rise to
anomalies should be avoided.

In said Act, after several judgements, the question still remains what is the amount
which the tenant should tender and what is the course to be followed if there be

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 any genuine dispute between the amount claimed or alleged by the landlord to be
due and the amount which the tenant admits or alleges to be due.

3. Contextual Ambiguities:
(a) Internal Contextual Ambiguity:
case: Abrahams vs. Cavey (1967) 3 ALLER 179
Impugned act: Ecclesiastical Courts Jurisdiction Act, 1860.
[Riots, violence or indecent behavior at Divine service]

In Abrahams v Cavey, the accused was charged with contravening Section 2 of

the Ecclesiastical Courts Jurisdiction Act, 1860 which penalized ‘riotous, violent,
or indecent behaviour’ in churches and church-yards. The accused had shouted
out during a Methodist Church Service (held in connection with the Labour Party
Conference), ‘Oh you hypocrites, how can you use the word of God to justify
your policies?’ It was held that the word ‘indecent’ did not have its usual sexual
connotation, but, because of the surrounding words, it must be taken to refer
to the indecency, i.e., impropriety, of causing a disturbance within a sacred
place.

(b) External Contextual Ambiguity: By non-enacting parts of a statute (e.g.,

Titles, illustrations)

Case: U. P. Bhoodan Yajna Samiti vs. Brij Kishore (JT (1998) 3 SC 640)

Sec. 14 of U.P. Bhoodan Yagna Act, 1954

Brief Facts:

• On May 17, 1972, the present Respondents – Braj Kishore & Others, who
were businessmen, had obtained a grant under section 14 of the UP Bhoodan
Yagna Act in respect of various plots situated in the village Jahangirabad
Paragana Ghatampur, District Kanpur from Bhoodan Yagna Samiti. Section
14 of the UP Bhoodan Yagna Act provides for allotment of land to landless
persons.
• This grant was challenged by the Tehsildar, Ghatampur on three basic
grounds:

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 ➢ The grant obtained was fraudulent and obtained by misrepresentation
as the respondents were not the residents of the said village
➢ They did not fall into the category of landless persons
➢ The grants were not approved by the Government of UP

Procedural history:

• The Additional collector held that the grant to the present respondents –Braj
Kishore and others, could not be justified because they did not fall into the
category of the landless persons as contemplated under the Act.
• By his order dated January 1, 1976, he quashed all the grants made in favor
of the respondent
• The case was taken to the High Court of Allahabad.
• Two questions before the High Court:
➢ Whether the Additional Collector had jurisdiction to enquire into these
matters?
➢ Whether the grant was in the accordance with the law?
• The answer to the first question was in affirmative. with regard to the second
question, the High Court quashed the orders passed by the Additional
Collector and maintained the grants to be reasonable.

Issue before the Supreme Court: Whether the settlement made by the Bhoodan
Yagna Samiti in favour of the respondent was in accordance with the law?

Petitioners Contention: Although section 14 mentions about ‘landless persons’, this

phrase has to be interpreted in the background of the law which was enacted and
the Bhoodan Movement started by Acharya Vinoba Bhave and J.P. Narain. The
purpose of the movement clearly indicated that ‘landless persons’ means those
persons whose main source of livelihood was agriculture and were residents of the
same village in which the land was situated. Section 15 further clarified the
intention of the legislation wherein the grants was supposed to be made according
to the scheme of Bhoodan Yagna.

Held: The Supreme Court quashed the orders of the High Court and held that the
grant is not maintainable. The appeal was allowed and orders passed by the

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 Additional Collectors were restored. With respect to cost- counsel fee of Rs. 1500
was allowed.

4. Casus Omissus: “cases of omission”

The rule of casus omissus: “what has not been provided for in the statute cannot be
supplied by the Courts” is a strict rule of interpretation but there are certain well-
known exceptions also.

The term casus omissus means “cases of omission”. Omission in a statute cannot
be supplied by construction. A matter which should have been provided but
actually has not been provided in a statute cannot be supplied by the courts. To do
so will be legislation and not interpretation/construction.

The language employed in the statute is the determinative factor of the legislative
intent. The first and primary rule of the interpretation is that the intention of the
legislature must be found in the words used by the legislature itself. The question
is not what may be supposed and has been intended but what has been said.

The court only interprets the law and cannot legislate.

Sir Francis Bacon in “Essay on Judicature: Office of Judge’s” has written “jus dicore
not jus dare” that is, A Judge is expected to interpret laws and not make laws.

Different point of view:

A casus omissus cannot be supplied by the court by judicial interpretative process

except in the case of clear necessity and when reason for it is found in the four
corners of the statute itself.

Lord Denning in Seaford Court Estates Ltd. v. Asher, (1949) 2 All ER 155 has
compared law with cloth. He advocates construction by judges in case of small
gaps.

“He (The Judge) must set to work in the constructive task of finding the
intention of Parliament, . . . he must supplement the written word so as to give
“force and life” to the intention of the legislature… A Judge should ask himself
the question, how, if the makers of the Act had themselves come across this

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 ruck in the texture of it, they would have straightened it out? He must then do
as they would have done. A Judge must not alter the material of which the Act
is woven, but he can and should iron out the creases.”

In Magor & St. Mellons Rural District Council v. Newport Corporation, (1950) 2 All
ER 1226

the Learned Judge restated the above: “We sit here to find out the intention of
Parliament and of ministers and carry it out, and we do this better by filling in the
gaps and making sense of the enactment than by opening it up to destructive
analysis.”

In S.P. Gupta v. President of India AIR 1982 SC 149 the Supreme Court held that
when the language of a statute is clear and unambiguous there is no room for
application of the doctrine of Casus Omissus or of pressing into service external aid
in such a case.

In Raghunath Rai Bareja v. Punjab National Bank (2007) 2 SCC 230 the Apex Court
observed that even if there is defect or omission in the words used by the
Legislature, the Court cannot correct or make up the deficiencies especially when
literal reading thereof produces an intelligible result.

Rajbir Singh Dalal v. Chauhari Devi Lal University, (2008) 9 SCC 284,
Justice Katju has expressed his strong criticism of the use of traditional principles
of statutory interpretation. He has suggested that casus omissus, known as
“adhyahara” in the Mimamsa school of interpretation permits courts to add words
to a legal text.

1.7 Hermeneutics of law – Contemporaneous application of the Mimansa Rules of

interpretation

The art of interpretation and Science of interpretation of law

Inductive reasoning: Deriving/deducing the meaning

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The word ‘hermeneutics’ means the interpretation of language, whether written
or spoken. Generally, hermeneutics is an activity that interests biblical scholars, and
the word is sometimes used in philosophy as well. To put it simply, ‘Hermeneutics’
is a fancy word for interpretation. Hermeneutics of law means the interpretation
of law.

Rules of Interpretation are very important in law courts. When the British came to
India, they introduced the principles of interpretation of Maxwell, laid down in his
classic treatise ‘Interpretation of Statutes’ and these principles are broadly still
being followed in our law courts in India.

However, our ancient thinkers had created a system of interpretation called the
Mimansa Rules of Interpretation, which appears to have been totally suppressed
by the British, evidently because they wanted to create an impression that Indians
are a race of fools and savages with no worthwhile intellectual achievement to their
credit.

Word and its relationship with meaning

Bhartrihari – 2nd half of 5th century BC

Tatparya (intention)

Tarkashastra:

Asserting the intention: - Prakaran (context)

- Visheshana (qualifiers)
- Disha (space)

Language: - Vyakarana
- Mimansa (interpretation)
- Nyaya (logic)
Levels of meaning: - Vachyartha (Direct)
- Vayngartha (Indirect)
# Gangayam Ghosham – house near the Ganges

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 MIMANSA (author: Jamini (500 BC)
“Mimansa” is a scripture related to Hindu Religion and is considered the most
important tool for the interpretation of other Hindu Scriptures. The meaning of
Mimansa refers to the act of taking serious concern over the religious matters
stated in the Vedas. It provides particular methods for interpreting the matters
stated in the scriptures like ‘Vedas’, ‘Smirities’ etc.

Mimansa Principles of Interpretation

The Mimansa Principles were the traditional system of interpretation of legal texts.
Although originally, they were created for interpreting religious texts [pertaining to
the Yagya sacrifice], gradually they came to be utilized for interpreting legal texts
and also for interpreting texts on philosophy, grammar, etc. i.e. they became of
universal application.

Mimansa principles of interpretation are rational, scientific, detailed, systematic,

methodological and superior to the principles of interpretation in western law.

The following axioms of mimansa interpretation have been developed for the
interpretation of Sastras and conceded for the interpretation of law, statutes, legal
words, legal phrases and maxims. These rules of interpretation state that the more
favourable construction is to be placed on general and doubtful words.

1. The Sarthakyata axiom: Means that every word and sentence must have
some meaning.
2. The Laghava axiom: Means that construction that makes the meaning
simpler and shorter must be preferred.
3. The Vikalpa axiom: Means that if there is a real and irreconcilable
contradiction between two legal rules having equal force, the rule more in
accordance with equity and usage should be adopted at one’s option. Thus,
where one of the rules is a higher legal norm as compared to the other, for
example, Shruti in relation to Smriti, by the Buddha principle the former
prevails.

General principles of interpretation in Mimansa:

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1. The Shruti Principle, or the literal rule: Words shall be interpreted as per
literal meaning. The first principle (Shruti) is to be resorted to if
(a) the meaning of the text is clear, and
(b) it accords with the intention.
But there are texts whose meaning seems to be clear, but to give that literal
meaning would totally undermine its intention. For example, if a literal
meaning is to be given to the English law which forbade a layman to 'lay
hands' on a priest, the layman who wounded a priest with a weapon would
not be doing anything illegal. At times, the literal rule will sometimes lead to
absurdity and totally efface the intention of the law. In fact, as Lord Denning
has pointed out, the modern method of interpretation is to seek the
intention rather than to follow the literal rule.
2. The Linga principle (also called Lakshana artha): It means the suggestive
power of words or expressions. This principle can be illustrated by the
decision of the Supreme Court in U.P. Bhoodan Yagna Samiti v. Brij Kishore
(1988), where the words "landless person" were held to refer to landless
peasants only and not to landless businessmen.
3. The Vakya principle or Syntactical Arrangement: It includes adhayayahara
and anusanga, (supplying of missing words and expressions); upakarsha and
apakarsha, (transference of clauses up or down in the sentence).
4. The Prakarana rule: (purposive interpretation) Permits construction by
referring to some other text or order to make meaning clear.
5. The Sarthakyata & Anarthakya axiom: Means that every word and sentence
must have some meaning. “ut res vajis volis”
6. The Athaikatva axiom: (unity of meaning). States that a double meaning
should not be attached to a word or sentence occurring at one and the same
place. Such a double meaning is known as a Vakyabheda, and is a fault (dosh).
Same words have same meaning in the same statute.
7. The Samnjasya axiom: (balancing) States that all attempts should be made
at reconciliation of apparently conflicting texts. Rule of harmonious
construction.

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8. The Gunapradhan axiom: States that if a word or sentence purporting to
express a subordinate idea clashes with the principal idea the former must
be adjusted to the latter or must be disregarded altogether.
9. The Laghava axiom: Means that construction that makes the meaning
simpler and shorter must be preferred.
10.The Vikalpa axiom: Means that if there is a real and irreconcilable
contradiction between two legal rules having equal force, the rule more in
accordance with equity and usage should be adopted at one’s option. Thus,
where one of the rules is a higher legal norm as compared to the other, for
example, Shruti in relation to Smriti, by the Buddha principle the former
prevails.

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