Golden Rule of Interpretation

GOLDEN RULE OF INTERPRETATION
• It is a compromise between the plain meaning (or

literal) rule and the mischief rule.
• Like the plain meaning rule, it gives the words of a
statute their plain, ordinary meaning.
• However, when this may lead to an irrational
result that is unlikely to be the legislature's
intention, the judge can depart from this meaning.
• In the case of homographs, where a word can have
more than one meaning, the judge can choose the
preferred meaning.
Contd.
• This rule of statutory interpretation allows a shift
from the ordinary sense of a word(s) if the overall
content of the document demands it.
• This rule is a modification of the literal rule. It

states that if the literal rule produces an
absurdity, then the court should look for another
meaning of the words to avoid that absurd result.
Evolution of The Rule
• The rule was evolved by Parke B (who later became Lord
Wensleydale) in Becke v Smith, 1836 and in Grey v
Pearson, 1857, who stated,
• "The grammatical and ordinary sense of the words is to

be adhered to unless that would lead to some
absurdity or some repugnance or inconsistency with the
rest of the instrument in which case the grammatical
and ordinary sense of the words may be modified so as
to avoid the absurdity and inconsistency, but no
farther.”
Use/ Application of The Rule
• This rule may be used in two ways. It is applied most frequently in a narrow
sense where there is some ambiguity or absurdity in the words themselves.
• For example, imagine there may be a sign saying "Do not use lifts in case of fire."
Under the literal interpretation of this sign, people must never use the lifts, in
case there is a fire. However, this would be an absurd result, as the intention of
the person who made the sign is obviously to prevent people from using the lifts
only if there is currently a fire nearby.
• This could be illustrated in the case of Lee vs Knapp 1967 QB where the
interpretation of the word "stop" was involved. Under Road Traffic Act, 1960, a
person causing an accident "shall stop" after the accident. In this case, the driver
stopped after causing the accident and then drove off. It was held that the literal
interpretation of the word stop is absurd and that the requirement under the
act was not fulfilled because the driver did not stop for a reasonable time so
that interested parties can make inquiries from him about the accident.
Use/ Application of The Rule
• The second use of the golden rule is in a wider sense, to avoid a result that is
obnoxious to principles of public policy, even where words have only one
meaning.
• Bedford vs Bedford, 1935, is another interesting case that highlighted the
use of this rule. It concerned a case where a son murdered his mother and
committed suicide. The courts were required to rule on who then inherited
the estate, the mother's family, or the son's descendants.
• The mother had not made a will and under the Administration of Justice Act
1925 her estate would be inherited by her next of kin, i.e. her son. There
was no ambiguity in the words of the Act, but the court was not prepared to
let the son who had murdered his mother benefit from his crime.
• It was held that the literal rule should not apply and that the golden rule
should be used to prevent the repugnant situation of the son inheriting.
The court held that if the son inherits the estate that would amount to
profiting from a crime and that would be repugnant to the act.
Advantages
• This rule prevents absurd results in some
cases containing situations that are
completely unimagined by the law makers.
• It focuses on imparting justice instead of

blindly enforcing the law.
Disadvantages
• The golden rule provides no clear means to test the
existence or extent of an absurdity. It seems to
depend on the result of each individual case. Whilst
the golden rule has the advantage of avoiding
absurdities, it therefore has the disadvantage that
no test exists to determine what is an absurdity.
• This rule tends to let the judiciary overpower the

legislature by applying its own standards of what is
absurd and what it not.
Conclusion
• Thus, the Golden rule implies that if a strict
interpretation of a statute would lead to an absurd
result then the meaning of the words should be so
construed so as to lead to the avoidance of such
absurdity.
• A further corollary to this rule is that in case there are
multiple constructions to effect the Golden rule the
one which favors the assessee should always be taken.
• This rule is also known as the Rule of Reasonable
Construction.

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GOLDEN RULE OF INTERPRETATION

• It is a compromise between the plain meaning (or

• This rule is a modification of the literal rule. It

• "The grammatical and ordinary sense of the words is to

• It focuses on imparting justice instead of

• This rule tends to let the judiciary overpower the

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