Relevance of Applicability of Exclusionary Rule in Interpretation of Statutes

  • Bodhiratan Barthe
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  • Bodhiratan Barthe

    Student at Maharashtra National Law University, Aurangabad, India

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In the words of various jurist it says that the true way to construe any statue is take word as the legislature has given them and the meaning of the word would be taken as naturally or generally implies. While interpreting a statute there will be two situations when meaning of the statute is very clear but the main problem arose where legislature has left some areas ambiguous or when the provision is not clear due to some surrounding circumstances. The jurist has to tackle the second situation when the author and jurist tends to apply things which are silent or not clearly mentioned and this is a common problem while dealing with interpretation of statutes. Many statutory provision are not clear means there are always some hidden fact rather than expressed. Therefore while reading any statute the reader has to interfere and for this there are certain methods are laid down in law. The maxim expressum facit cessare tacitum embodies the principle that no inference is proper if it goes against the express words Parliament has used. The chief application of this principle lies in another maxim of ‘expressio unius est exclusio alterius.’ Principles of statutory interpretation are not as simple as it seems like but while applying such construction extreme caution has to be taken. The point is that sometimes the exclusion by the legislature maybe an accident and therefore it is not right to apply the principle without getting the wholesome idea of the statute or the intention to made this statute, the idea of these principles is to help interpretation of statute and not to cause injustice to anyone and defeat the purpose of law. Thus while applying the principle it must be kept in mind that aids of internal construction though are to help interpretation of statutes, yet Courts in applying these aids must be cautious and must not make it a formal application as this might cause grave injustice and therefore the duty of Courts is to offer justice and to not create further confusion in ambiguous statutes.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 1040 - 1047


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