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Concept of Construction - ppt

The document discusses the concept of construction in legal interpretation, focusing on strict (restrictive) and beneficial (liberal) construction. It highlights the definitions, principles, and applications of both types, including relevant case laws that illustrate their usage in various legal contexts. The conclusion emphasizes the importance of choosing the appropriate method of construction to ensure justice and fairness in legal proceedings.

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74 views16 pages

Concept of Construction - ppt

The document discusses the concept of construction in legal interpretation, focusing on strict (restrictive) and beneficial (liberal) construction. It highlights the definitions, principles, and applications of both types, including relevant case laws that illustrate their usage in various legal contexts. The conclusion emphasizes the importance of choosing the appropriate method of construction to ensure justice and fairness in legal proceedings.

Uploaded by

jenishbbhanushali
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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.

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