Express mention of one thing implies the exclusion of another. Discuss under the interpretation of statutes.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
Express mention of one thing implies the exclusion of another. Discuss under the interpretation of statutes.
Answer & Explanation:
Expressio Unis Est Exclusio Alterius The rule means that express mention of one thing implies the exclusion of another. At the same time, general words in a statute must receive a general construction, unless there is in the statute some ground for limiting and restraining their meaning by reasonable construction; because many things are put into a statute ex abundanti cautela, and it is not to be assumed that anything not specifically included is for that reason alone excluded from the protection of the statute. The method of construction according to this maxim must be carefully watched. The failure to make the 'expressio' complete may arise from accident. Similarly, the 'exclusio' is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. The maxim ought not to be applied when its application leads to inconsistency or injustice. Similarly, it cannot be applied when the language of the Statute is plain with clear meaning. (Parbhani Transport Co-operative Society Ltd. v. Regional Transport Authority, AIR 1960 SC 801)
Topics: Interpretation of Statutes
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