If you have a statute, check the index for the specific Section or topic. Step 2 - The Maxims: Look up Ejusdem Generis (general words following specific words get limited to the same class) or Expressio Unius Est Exclusio Alterius (express mention of one thing excludes the other). Step 3 - Check the Presumptions: Does your case involve retrospective effect? Check the chapter on "Retrospective Operation." Step 4 - Constitutional Validity: If challenging a law, read the chapter on "Presumption of Constitutionality." Singh notes that courts presume the legislature acts within its powers.
: The mischief rule, also known as the purposive approach, requires the court to identify the "mischief" or problem that the statute was intended to address. The court then interprets the statute in a way that gives effect to the legislative intent and remedies the mischief. principles of statutory interpretation gp singh
The text is frequently cited in landmark judgments by the Supreme Court of India and various High Courts. Its primary value lies in its systematic categorization of the rules of construction, bridging the gap between abstract legal theory and practical judicial application. The book is currently in its , reflecting modern shifts in Indian jurisprudence, particularly the transition from a strict literal approach to a more purposive one. Core Principles of Interpretation If you have a statute, check the index
Recognizing the imperfections of language, Singh articulates the as the necessary corrective to the literal rule. The golden rule permits the court to modify the literal meaning only when it leads to an absurdity, repugnancy, or inconsistency so severe that the legislature could not have intended it. However, Singh places a crucial limitation: the modification must be the minimum necessary to remove the absurdity. The judge cannot freely rewrite the statute. Check the chapter on "Retrospective Operation
Statutes should be read as a whole to ensure different provisions do not contradict each other.
: The book captures a modern shift in the Supreme Court from strict literalism to a purposive approach, which looks at the objective and spirit of the law. Mischief Rule
Statutory interpretation is the process by which courts determine the meaning of a legislative text for the purpose of its application. As Justice G.P. Singh articulated, the "intent of the legislature" is the primary guiding star. His seminal work serves as a comprehensive bridge between abstract legal theory and the practical necessity of judicial consistency. II. The Cardinal Rule: Literal Construction