Ppt On Mischief Rule And Harmonious Contruction

Revision Class 2: Interpretation of Statutes LLB. 6TH SEM. Mischief Rule and Harmonious Construction

Mischief Rule • The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts. The other two are the "plain meaning rule" (also known as the "literal rule") and the "golden rule". • The main aim of the rule is to determine the "mischief and defect" that the statute in question has set out to remedy, and what ruling would "suppress the mischief, and advance the remedy". In applying the mischief rule, the court is essentially asking what part of the law did the law not cover, but was meant to be rectified by Parliament in passing the bill. • The rule was first set out in Heydon's Case, a 16th-century ruling of the Exchequer Court.

The Fundamentals of Mischief Rule • The rule was first set out in Heydon's Case [1584] 76 ER 637 3 CO REP 7a, where the court held that four points should be taken into consideration: • For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: • 1st. What was the common law before the making of the Act. • 2nd. What was the mischief and defect for which the common law did not provide. • 3rd. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. • And, 4th. The true reason of the remedy

Harmonious Construction • When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. The interpretation consistent of all the provisions of the statute should be adopted. In the case in which it shall be impossible to harmonize both the provisions, the court’s decision regarding the provision shall prevail. Harmonious Construction should be applied to statutory rules and courts should avoid absurd or unintended results. It should be resorted to making the provision meaningful in the context. It should be in consonance with the intention of Rule makers. Rule of Harmonious construction is applicable to subordinate legislature also.

The Fundamentals of Harmonious Construction • The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark case of CIT v Hindustan Bulk Carriers: • 1. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. 2. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. 3. Courts must also keep in mind that interpretation that reduces one provision to a useless number or dead is not harmonious construction. To harmonize is not to destroy any statutory provision or to render it fruitless.