'The rule of ejusdem generis must be applied with great caution'. Discuss. What are the conditions that should exist before applying this rule of interpretation ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
'The rule of ejusdem generis must be applied with great caution'. Discuss. What are the conditions that should exist before applying this rule of interpretation ?
Answer & Explanation:
The rule of ejusdem generis must be applied with great caution because, it implies a departure from the natural meaning of words, in order to give them a meaning or supposed intention of the legislature. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. The rule requires that specific words are all of one genus, in which case, the general words may be presumed to be restricted to that genus. Whether the rule of ejusdem generis should be applied or not to a particular provision depends upon the purpose and object of the provision which is intended to be achieved. To apply the rule the following conditions must exist: The statute contains an enumeration by specific words, The members of the enumeration constitute a class, The class is not exhausted by the enumeration, A general term follows the enumeration, There is a distinct genus which comprises more than one species, and There is no clearly manifested intent that the general term be given a broader meaning that the doctrine requires.
Topics: Interpretation of Statutes
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