## Rule of Exceptional Construction

This rule covers situations where the strict literal meaning of certain words would make a provision meaningless, absurd, or contrary to the legislature's intent. In such situations, the court may:

> Eliminate a word, or read one word as another, if no sensible meaning can otherwise be given.

Two classic illustrations of this rule are:

1. Interchange of 'and' and 'or'.

2. Treatment of 'may', 'must', and 'shall'.

---

### Part A: 'And' vs 'Or'

Word	Default Sense
AND	Conjunctive — signifies something to be followed in addition.
OR	Disjunctive — marks an alternative (similar to 'either... or...').

Interchangeable Use:

Sometimes courts read 'and' as 'or' and vice versa to give effect to the intention of the legislature.
If a provision uses 'and/or', it is to be read either disjunctively or conjunctively as the context requires.

---

### Part B: 'May', 'Must', 'Shall'

Word	Default Effect	Nature of Provision
MAY	Signifies permission / discretion of authority	DIRECTORY
SHALL	Imports a command in its normal sense	MANDATORY
MUST	Doubtlessly a word of command	MANDATORY

Exceptional Interchange — When Meaning Is Absurd:

If the normal sense leads to absurd or unreasonable results, the term should be discarded and read according to:

The purpose for which the requirement is enacted,
The context of other provisions, and
The general scheme of the Act.

> Effect: 'may' and 'shall' can be interpreted INTERCHANGEABLY depending on the legislator's intention.

### Quick Decision Aid

```

Word used Default But check intention/context

may → directory → may become mandatory if intent demands

shall → mandatory → may become directory if absurd otherwise

must → mandatory → rarely shifts

```

Worked example

### Example 1

Example 1 — 'And' read as 'Or':

A statute reads 'every person who imports and sells the prohibited drug shall be punished.' Read literally with 'and', only those who BOTH import AND sell would be punished — letting off importers who don't sell, and sellers who don't import. The court reads 'and' as 'or' to suppress the mischief.

### Example 2

Example 2 — 'May' read as 'Shall' (mandatory):

A statute provides 'the authority may grant the licence on fulfilment of conditions A, B, and C.' If the legislative purpose was to create a right to a licence once conditions are met, 'may' is read as 'shall' — the authority is bound to grant it, not merely empowered.

### Example 3

Example 3 — 'Shall' read as 'May' (directory):

A procedural provision says 'the report shall be filed within 30 days.' If treating this as mandatory would mean a single day's delay invalidates an entire proceeding (absurd outcome), the court may treat 'shall' as directory.

### Example 4

Example 4 — 'And/Or':

A contract clause says 'the dispute shall be referred to mediation and/or arbitration.' This is read flexibly — the parties may go through either, or both, as the context fits.

⚠️ Common exam mistakes

Treating 'shall' as ALWAYS mandatory and 'may' as ALWAYS directory — interchange is permitted to avoid absurd results.
Ignoring the context-based test (purpose, other provisions, general scheme) and going purely by the word used.
Treating 'and/or' as ungrammatical and refusing to interpret it — courts give it dual operation.
Confusing 'must' with 'may' — 'must' is the strongest command and almost never read down to directory.
Applying interchange even where the literal meaning gives a perfectly sensible result — the exceptional rule applies only when normal sense leads to absurdity.

Reference:

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Rule of Exceptional Construction (And/Or, May/Must/Shall)

Worked example

⚠️ Common exam mistakes