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The Mimansa Principles of Interpretation: Essence, Utilization & Application

(1) The Mimansa principles of interpretation provide detailed rules for resolving conflicts between texts and determining legislative intent. (2) Courts have applied Mimansa principles like Samanjasya, Vikalpa, Gunapradhan, and Anusanga to reconcile and interpret potentially conflicting laws as well as determine precedence between provisions. (3) Maxims like considering the primary over subordinate ideas and interpreting in a simple manner have helped courts determine logical interpretations consistent with reason and justice.

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2K views

The Mimansa Principles of Interpretation: Essence, Utilization & Application

(1) The Mimansa principles of interpretation provide detailed rules for resolving conflicts between texts and determining legislative intent. (2) Courts have applied Mimansa principles like Samanjasya, Vikalpa, Gunapradhan, and Anusanga to reconcile and interpret potentially conflicting laws as well as determine precedence between provisions. (3) Maxims like considering the primary over subordinate ideas and interpreting in a simple manner have helped courts determine logical interpretations consistent with reason and justice.

Uploaded by

Vicky D
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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The Mimansa Principles of

Interpretation

Essence, Utilization &


Application
What is the Mimansa Interpretation?
The Background
Mimansa
Priniciples

Rules to Aimed at
resolve conflict achieving
in the Shrutis moksha

Yagyas to be
Moksha could be
performed
achieved by
according to the
performing Yagyas
Shastras
Mimansa- Legal Prominence

●
The Mimansiks were not jurists.
●
Their aim was to perform yagyas.

Mimansiks not jurists


Edge of Mimansa Principles over
Maxwell’s Principles
(1)Mimansa can be utilized not only for
interpreting statutes but also judgments,
whereas Maxwell’s principles can only
be used for interpreting statutory law.

(2)Mimansa are more detailed and


systematic.
Obligatory and Non-Obligatory
Statements in Mimansa
Obligatory Statements or Non-obligatory
VIDHI Statements/ARTHVADA
(1) Utpatti Vidhi or  They are generally
substantive injunction. statements of praise or
(2) Viniyoga Vidhi or explanation.
applicatory rules.  They do not lay down any
injunction.
(3) Prayog Vidhi or Rules of
 No legal force.
Procedure.
 It is almost like a Statement
(4) Adhikar Vidhis or Rules of Objects or Preamble, it
regarding rights and can help to clarify an
personal competence. ambiguous vidhi.
Six axioms of interpretation
(1)The Sarthakyata axiom: Every word and
sentence must have some ‘sense’ or
meaning.
(2)The Laghava axiom: That construction
which makes the meaning simpler and
shorter is to be preferred.
(3)The Arthaikatva axiom: A double meaning
should not be attached to a word or
sentence occurring at one and the same
place.
Six axioms of interpretation
(4) The Gunapradhan axiom: If a word or
sentence purporting to express a
subordinate idea clashes with the principal
idea the former must be adjusted to the
latter, or must be disregarded altogether.
(5) The Samanjasya axiom: Attempts should
be made at reconciliation of apparently
conflicting texts.
Six axioms of interpretation

(6) The Vikalpa axiom: If there is a real and


irreconcilable contradiction between two
legal rules having equal force, the rule
more in accordance with equity and
usage should be adopted at one’s option.
Four General Principles of Mimansa

(1)The Shruti Principle, or the literal rule.


(2)The Linga Principle or the suggestive
power of words or expressions.
(3)The Vakya Principle, or syntactical
arrangement.
(4)The Prakarana Principle, which permits
construction by referring to some other
text in order to make the meaning clear.
All four principles
search for intention
Details and categories within these
rules… an example!

Vakya

supplying of missing words &


adhayahara and anusanga
expressions
Mimansa system- 3 ways of
dealing with conflicts

●
Where two texts which are
apparently conflicting are
Samanjasy capable of being reconciled,
a Principle then by the principle of
harmonious construction,
they should be reconciled.
Vikalpa Principle

• Where it is impossible to reconcile two


texts, the vikalpa principle is applied.

• This principle states that whichever law is


more in consonance with reason and
justice should be preferred.
Badha- Ultra Vires
Texts having
irreconcilable
differences

One overrides the other


because of its great
force, then there is a
badha
accessory

The Guna-Pradhan Axiom

Pradhan Principal
The Guna-Pradhan Axiom

• The gunapradhan axiom states:


if a word or a sentence
purporting to express a
subordinate idea clashes with the
principle idea, the former must
be adjusted to the latter or must
be disregarded altogether.
Application of the Mimansa
Principles in various case
law
Tribhuwannath v. State of U.P. &
Ors
The Rule of Interpretation
Sardar Mohammad Ansar Khan v.
University Rule
Appointments of
provided for
clerks was required in
appointment of
a University.
State of U.P.
teachers.

Rul
e
for
tea
che
rs
stat
ed
tha
t
one
tha
t is
seni
or
in
age
wo
uld
be
gett
ing
pre
ced
enc
e in
app
oint
me
nt.
Therefore…
Atidesh
Using Principle
th e Atidesh Prin ciple of
Mimansa it was held th at the
applied in case of
same principle which app lies
matters belonging
to teachers should b e also to
the
ap same
plied genus.
to clerk s

Hen
ce,
for
the
posi
tion
of
cler
ks
also,
seni
orit
y in
age
wou
ld
be a
dete
rmi
nan
t
fact
or
in
esta
blis
hing
seni
orit
y in
serv
ice.
Mahabir Prasad Dwivedi v. State
Section 7-A(1) ●
The Collector may remove a
of the U.P. Chairman of a Town Area on certain
Town Areas Act grounds.

●
Before making an order removing the Chairman,
Proviso: 1 he shall be allowed an opportunity to submit his
explanation on the charges against him.

Secondly that no order for removal


●

Proviso: 2 shall take effect unless it is confirmed


by the State Government.
The Main Argument

• It was urged on behalf of the respondent


that the legislature never intended that
the State Government must give an
opportunity of hearing before confirming
the Collector’s order.
Court’s interpretation: Anusanga
Vinay Khare v. State of U.P.

●
In a competitive examination
The two candidates got equal
marks whether the candidate

contro who got more marks in the oral


interview should be placed
higher in the select list or the
versy candidate who got more marks
in the written test.
The Decision
●
The candidate who got more marks
Held in the written test should be placed
higher .

●
To interpret general suitability on the basis of

Reason: 1 marks in the written test is a short and simple


interpretation and provides a clear objective
test.

●
It would invite arbitrariness or
Reason: 2 favoritism, if one goes by according
more marks in the orals.
Gujarat Urja Vikas Nigam Ltd. v.
Essar Power Ltd.
Sec. 174 of ●
The Act to have an overriding effect,
notwithstanding anything contained
the Electricity in any other law for the time being
Act in force.

Sec. 175 of ●
The said Act is in addition
the Electricity and not in derogation to any
Act other law.
Principle of Interpretation

Gunapradhan Principle Samanjasya Principle


Principle of Interpretation
S.174 is the S.175 is the
pradhan subordinate

S.175 has to be
adjusted to
S.174
These
words have
to be added ‘except where there is a
atIt cannot
the endbe conflict, express or implied,
between a provision in this Act
of Sec.
read in 175
isolation and any other law, in which
case the former will prevail’.
The court concluded

• When there is any express or implied conflict


between the provisions of the Electricity Act
and any other Act, then the provisions of the
Electricity Act will prevail, but when there is
no conflict, express or implied, both the Acts
are to be read together.
***

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