# Rule of Exceptional Construction
This rule covers situations where a statute requires a special or exceptional reading of certain words or provisions. It has five sub-rules:
## (i) Common Sense Rule
- General principle: Full effect must be given to every word in a statute.
- Exception: Words may be eliminated if no sensible meaning can be drawn from them.
## (ii) Construction of 'and' and 'or'
| Word | Nature | Effect |
|---|---|---|
| 'and' | Conjunctive | Requirements of BOTH provisions must be satisfied |
| 'or' | Disjunctive | Satisfying requirements of ANY ONE clause is sufficient |
## (iii) Construction of the word 'may'
- Default: Generally has directory force only (discretionary).
- Exception - Mandatory force: 'May' is read as mandatory when:
(a) The subject involves a discretion coupled with an obligation (power + duty to discharge it).
(b) Where a remedy will be advanced and mischief suppressed.
## (iv) Construction of the word 'shall' or 'must'
- Default: Has mandatory force.
- Where the statute provides a specific penalty for non-compliance, the Court has NO discretion — the provision must be treated as mandatory.
- Exception - Directory force: 'Shall' is treated as directory when:
(a) Used against the Government (unless contrary intention is manifest);
(b) The legislature's intention so demands;
(c) A mandatory reading would produce absurd results.
## (v) Judging a provision as Mandatory or Directory
Depends on the purpose of the Act, legislative intention, and public inconvenience. Generalizations:
| Indicator | Mandatory / Directory |
|---|---|
| Prohibitory provisions (negative words) | Mandatory |
| Non-compliance attracts penalty | Mandatory |
| Power coupled with duty | Mandatory |
| Enacted to prevent fraud/mischief | Mandatory |
| No public policy involved (mere procedure) | Directory |