# Rules of Interpretation / Construction

The rules developed by courts are conventionally classified into Primary and Secondary rules.

## (A) Primary Rules

Rule	Core idea
1. Literal Construction	Give words their plain, ordinary, grammatical meaning. Litera legis.
2. Reasonable Construction	Interpretation must make the statute meaningful and sensible — Ut Res Magis Valeat Quam Pareat.
3. Beneficial Construction	When a statute is for the benefit of a class (e.g., labour, consumers), construe liberally in their favour.
4. Harmonious Construction	Two apparently conflicting provisions must be read together so that both can operate.
5. Exceptional Construction	Departure from literal rule where strict literal reading would produce absurdity, repugnance or inconsistency.
6. Ejusdem Generis	Where general words follow specific words of the same class, the general words are limited to that class.

## (B) Secondary Rules

Rule	Core idea
1. Noscitur a Sociis	A word is known by the company it keeps — meaning is gathered from associated words.
2. Expressio Unius Est Exclusio Alterius	Express mention of one thing impliedly excludes others.
3. Contemporanea Expositio	The best way to interpret a document is to read it as it would have been read when made.

## How to choose which rule to apply

1. Start with literal construction. If the words are plain and produce no absurdity, stop here.

2. If literal reading produces absurdity → reasonable construction or exceptional construction.

3. If there are two conflicting provisions → harmonious construction.

4. If general words follow specific words → ejusdem generis.

5. If a word is ambiguous but surrounded by similar words → noscitur a sociis.

6. If a list expressly mentions some items → expressio unius est exclusio alterius (the unmentioned are excluded).

7. If the statute is welfare/social-justice oriented → beneficial construction.

## Ejusdem Generis vs Noscitur a Sociis — students confuse these

Noscitur a sociis applies to any group of words associated together; meaning is drawn from the company.
Ejusdem generis is a specialised form of noscitur a sociis: it applies only where specific words are followed by general words (e.g., 'horses, cows, sheep, goats or any other animal' — the general words 'any other animal' are limited to domestic farm animals of the same genus).

Worked example

### Example 1

Example 1 — Ejusdem Generis: A statute prohibits 'theatres, music halls, dance halls and other places of public entertainment'. Does it cover a stadium?

Analysis: The specific words are all indoor places of public entertainment. Applying ejusdem generis, 'other places' is restricted to the same genus — indoor entertainment venues. A stadium (outdoor sports) would not be covered.

### Example 2

Example 2 — Noscitur a Sociis: A statute lists 'documents, books, accounts, and other writings'. The word 'documents' must be read in light of its companions — it refers to writings of a commercial/record-keeping nature, not works of literature.

### Example 3

Example 3 — Expressio Unius: A rule says 'Members entitled to vote are equity shareholders.' By express mention of equity shareholders, preference shareholders are impliedly excluded from voting.

### Example 4

Example 4 — Harmonious Construction: If Article 19 of the Constitution gives freedom of speech and Article 21 gives right to life including reputation, both must be read harmoniously — speech is free, but not to the extent of defaming another.

⚠️ Common exam mistakes

Confusing ejusdem generis with noscitur a sociis. Remember: ejusdem generis needs specific followed by general; noscitur a sociis is broader.
Applying ejusdem generis when the words do NOT form a class/genus. The rule fails if no common genus can be identified.
Forgetting that literal rule is the starting point. Don't jump to beneficial or harmonious construction unless literal reading creates a problem.
Treating expressio unius as an absolute rule — it does not apply where the legislature obviously intended only an inclusive example.

Reference:

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Rules of Interpretation — Primary and Secondary

Worked example

⚠️ Common exam mistakes