There are 3 main rules of statutory construction: 1) The literal rule, where the law is read word for word according to the ordinary meaning of the words. 2) The mischief rule, where the main aim is to determine the defect or problem being addressed and the remedy, adopting the interpretation that would most effectively implement the remedy. 3) The golden rule, which allows departing from the ordinary meaning of words to avoid an absurd result. Examples are provided for each rule.

1. Sangeetha Chandran
SLS
CUSAT

2. 
Statutory Construction : 3 Rules

They are:-

Literal Rule

Mischief Rule

Golden Rule
Literal Rule
 The

law is to be read word for word
Should not divert from it Ordinary meaning

3. Mischief Rule
 Main
aim : Determine the “ Mischief and defect”

Two questions:

The Remedy

What ruling would effectively implement this
remedy
Golden Rule

Allows a judge to depart from the word’s
normal meaning

Avoid an absurd result

4.  Warburton
 Grey
v Loveland
V Pearson
Some Worked Examples:
 Rule
may be used in two ways,

Narrow Sense

Wider Sense
 “Do

not use lifts in case of fire” – Narrow Sense
Re Bedford v Bedford - Wider Sense

5. 
Sec 46 of the Administration of Estates Act, 1925
Other recent Examples:
Sec 77(1) of the Road Traffic Act, 1990
 Requires the driver of a motor vehicle to “Stop”
after an accident
 Lee v Knapp


Sec 95(2)(e) of the Companies Act, 1948

Deals with “Book Debts”

Shipley v Marshall

6. THANK YOU