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Golden and Literal Rule of Interpretation

The key differences between the Literal and Golden Rules of Interpretation are: 1. The Literal Rule interprets words in their plain and ordinary meaning, while the Golden Rule may disregard the literal meaning if it leads to absurdity, injustice, or unintended consequences. 2. Under the Literal Rule, the court does not consider legislative intent or consequences of the interpretation. The Golden Rule considers consequences and legislative intent to prevent unintended results. 3. The Golden Rule will modify the meaning of words to avoid injustice, while the Literal Rule applies the plain meaning regardless of consequences.

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816 views3 pages

Golden and Literal Rule of Interpretation

The key differences between the Literal and Golden Rules of Interpretation are: 1. The Literal Rule interprets words in their plain and ordinary meaning, while the Golden Rule may disregard the literal meaning if it leads to absurdity, injustice, or unintended consequences. 2. Under the Literal Rule, the court does not consider legislative intent or consequences of the interpretation. The Golden Rule considers consequences and legislative intent to prevent unintended results. 3. The Golden Rule will modify the meaning of words to avoid injustice, while the Literal Rule applies the plain meaning regardless of consequences.

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Shalini
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© © All Rights Reserved
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1.

What is the difference between the Golden and Literal Rule of


Interpretation?

Literal rule of interpretation:

It is the first rule of interpretation. According to this rule, the words used in this
text are to be given or interpreted in their natural or ordinary meaning. After the
interpretation, if the meaning is completely clear and unambiguous then the effect
shall be given to a provision of a statute regardless of what may be the
consequences.

The basic rule is that whatever the intention legislature had while making any
provision it has been expressed through words and thus, are to be interpreted
according to the rules of grammar. It is the safest rule of interpretation of statutes
because the intention of the legislature is deduced from the words and the language
used.

According to this rule, the only duty of the court is to give effect if the language of
the statute is plain and has no business to look into the consequences which might
arise. The only obligation of the court is to expound the law as it is and if any harsh
consequences arise then the remedy for it shall be sought and looked out by the
legislature.

Case Laws

Municipal board V. State transport authority, Rajasthan

The SC held that literal interpretation must be made and hence rejected the
application as invalid where the location of bus stand was changed by the regional
transport authority and application could be move with in 30 days of receipt of
order of regional transport authority according to section 64A of motor vehicles act
1939, but it was moved after 30 days on the contention that statute shall be read
like 30 days from the knowledge of order.
Bengal Immunity Co. Ltd V. State Of Bihar

The SC observed –“it is also well settled that in interpreting the court should have
regard not merely to literal meaning of the words used, but also take into
consideration the history of legislation, its purpose in the mischief its seeks to
suppress”. A statute shall not be interpreted so as to be inconsistent with other
statutes.

The Golden Rule

It is known as the golden rule because it solves all the problems of interpretation.
The rule says that to start with we shall go by the literal rule, however, if the
interpretation given through the literal rule leads to some or any kind of ambiguity,
injustice, inconvenience, hardship, inequity, then in all such events the literal
meaning shall be discarded and interpretation shall be done in such a manner that
the purpose of the legislation is fulfilled.

The literal rule follows the concept of interpreting the natural meaning of the
words used in the statute. But if interpreting natural meaning leads to any sought of
repugnance, absurdity or hardship, then the court must modify the meaning to the
extent of injustice or absurdity caused and no further to prevent the consequence.

This rule suggests that the consequences and effects of interpretation deserve a lot
more important because they are the clues of the true meaning of the words used
by the legislature and its intention. At times, while applying this rule, the
interpretation done may entirely be opposite of the literal rule, but it shall be
justified because of the golden rule.  The presumption here is that the legislature
does not intend certain objects. Thus, any such interpretation which leads to
unintended objects shall be rejected.
In Lee v. Knapp, Section 77(1) of the Road Traffic Act, 1960, provided that “a
driver causing accident shall stop after the accident”, the interpretation of the word
“stop” was in question. In this case, the driver of the motor vehicle stopped for a
moment after causing an accident and then ran away. Applying the golden rule the
court held that the driver had not fulfilled the requirement of the section, as he had
not stopped for a reasonable period so as to enable interested persons to make
necessary inquiries from him about the accident at the spot of the accident.

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