Concept of Construction:
A study on Strict and Beneficial Construction
By: Shania Mendonca
FYLLB B-088
Index
Concept of Construction
Types of Construction
Strict or Restrictive Construction
Liberal or Beneficial Construction
Conclusion
Concept of Construction:
Statute is not clear, concise, explicit and or unambiguous
Lawrence B Solum - The Interpretation-Construction Distinction:
2 Stages
1.Interpretation – recognition process of linguistic meaning or
semantic content
2. Construction – providing the text with a legal effect
Concept of Construction:
By Salmond, “ Interpretation and construction 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”.
By Cooley, “construction is the process of concluding,
respecting subjects that lie beyond the direct expression
of the text, which is in the spirit though not within the
letter of law”.
Concept of Construction:
Benjamin Cardozo, a US federal judge, “ [t]he power to
declare the law carries with it the power, and within limits
the duty, to make law when none exists.”
Important:
Ascertain the intention provide a conclusion +
not control intention or confine it within limits.
Restrictive or Strict Construction:
Literal Rule of Interpretation
Restricts: Scope + Applicability to what has been expressly and indisputably stated in the
law.
Includes:
Literal Interpretation
Narrow application
Restriction of creative interpretation
Possibility of inflexible conclusions
Unfair conclusions/judgement
Predominantly used in Taxation + Penal Laws
Strictly used, word for word i.e. exact language & meaning.
Done w/o intent, spirit, and/or larger context of law.
Maxims and Case Laws:
1. Expressio Unius Est Exclusio Alterius
Meaning: Explicit mention of one thing is the exclusion of another
If something is specifically stated in the section of an Act – exclude everything
else
Case Law: M/S Swastik Gases Pvt Lts Vs Indian Oil Corp. Ltd (2013) 9 SCC 32
Issue: Determination of jurisdiction for arbitration Clause 18 of the agreement,
“ The agreement shall be subject to the jurisdiction of the courts at Kolkata.”
Judgement: All jurisidictions barring Kolkata are explicitly excluded.
2. Noscitur a Sociis
To Know by Association
Case Law: Pradeep Aggarbatti Ludhiana V/s State of Punjab and other 1997
Issue: Could ‘dhoop’ and ‘aggarbatti’ be taxed under the provisions of the Punjab
General Sales Tax Axt. 1948. In particular, Entry no. 16 of Schedule A of the Act.
Judgement: Perfumery = Cosmetics, perfumery, and toilet goods personal
hygiene or pleasure.
Dhoop + Aggarbatti religious ceremonies
NOT personal hygiene or pleasure.
3. Rule of lenity:
Also called Rule of Strict Construction
Mainly used in Criminal Statutory Interpretation
Guides the application of law to the defendants favour
Case Law: R V/s Harris, 1836 [4]
Issue: The defendant chewed off the victims nose.
Judgement: Statue read, “stab, cut, or wound”.
Interpretation: all require a tool/instrument
Since the defendant did not use any such tool or instrument – the
defendant was declared NOT guilty.
Liberal or Beneficial Construction:
Interpret as broadly as possible to protect the intended purpose.
When two or more methods of interpretation can be used
The form that provides more relief and protects the benefits given by the
legislature must be opted for
Golden Rule or Mischief Rule of Interpretation
Most seen in:
Industrial Disputes Act, 1947/ IR code, 2020
Juvenile Justice Act, 2015
Consumer Protection Act, 2019
Principles:
Purpose over precision:
intended purpose over literal meaning
Rectification of Omissions:
Inclusions of unexpected scenarios.
Filling of gaps to encompass unforeseen situations.
Promotion of Justice and Equity:
Protection of vulnerable sections of society.
Inapplicability:
If Courts conclude that application results in re-legislation of statute
provision via methods of substitution, addition, or any other changes in
the statute.
Term in law can only have one meaning.
Provisions are clear, unambiguous, and without doubt.
Only applicable when 2 points of view exist.
Case Law:
Hindustan Lever, Ltd V/s Ashok Vishnu Kate and others, 1995
Issue:
Does Labour court have any jurisdiction to entertain complaints that have
been filed under Section 28(1) of the Maharashtra Recognition of Trade
Unions and Prevention of Unfair Labour Practices Act, 1971.
Unfair labour practices of the employer regarding discharge or dismissal of
employees Item 1 of Schedule IV of the Maharashtra Act.
Should Item 1 be interpreted under literal or beneficial construction.
Judgement:
Upheld that consideration of literal rule would fail to protect the
rights of the labourers/employees as intended
Therefore, Liberal construction was applied.
Industrial Disputes Act, 1947
Act is relevant for protection and fair treatment of employees +
ensuring resolution between employers and employees and such.
The Provisions under this Act are commonly interpreted and concluded
under liberal construction.
Case Law: Ajaib Singh V Sirhind Co-op Marketing-cum-Processing Service
Society Ltd AIR 1999 SC 1351.
Appellant was working as a salesman
Termination dispute.
Appellant was re-instated as a salesman w/full wages.
Consumer Protection Act, 1986
Act is often interpreted in a manner that maximizes the protection
offered to customers rights.
The courts therefore tend to pass judgements that address grievances
of customers effectively.
Case Law: Fair Air Engineers Pvt. Ltd. V/s NK Modi AIR 1997 SC 533
Issue:
Can the proceedings before a consumer forum constituted under CPA be liable
to be stayed under Section 34 of the Arbitration Act or not.
Judgement:
Does not need to go to through the troubles of Arbitration
Act exists to provide for protection of the interests of consumers.
Conclusion:
The nature of legal language, time in which it written, ever-changing
societal scenario and many other factors contribute to raise the
question of the methods under which laws can be interpreted and/or
constructed.
Both forms of construction i.e strict and beneficial have their own roles
and benefits as well as failures.
Discretion of the courts to apply the correct forms to uphold justice an
fairness.
Construction forms an extremely important foundation in regards to
IoS.
