Legal Interpretation Integrating Mimamsa Rules of Interpretation

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The legal fraternity in India has grown up reading P.B. Maxwell, F.W.L. Dwarris, Theodore Sedgwick, William Wilberforce, Craise, Rupert Cross, Bennion etc. on interpretation and taking firmly home the concept that only statutes needed to be interpreted. This conviction was reinforced by enactments like Interpretation Act 1889, Interpretation Measure 1925 and Statutory Instruments Act 1946. For this reason all available books on interpretation are variously titled as Interpretation of Statutes, Statutory Interpretation, Statute Law etc.

Many Indian authors have tried their hands at the subject trying to adopt and adapt Maxwellian principles into Indian conditions. Foremost of these authors is Justice G.P. Singh whose 'Principles of Statutory Interpretation' explaining, elaborating and enlarging but confining itself to the Maxwellian principles of statutory interpretation, rules the field and rightly so. Justice Singh has been alive to changing legal trends in India and has commented thereon copiously in his book. In the same vane he has mentioned the current debate on applicability of the ancient Indian Mimamsa Rules of Interpretation in the preface to twelfth edition of his book but not dealt with it citing inadequate knowledge of the subject. This humility calls for respect and appreciation for the celebrated author.

In this backdrop writing a book on legal interpretation and yet avoiding the stamp of being run of the mill proved to be a herculean task for the present author.

For a starter the author has broken away from the traditional structure and content of such books.

Being fascinated by the subject of Mimsmsa and therefore pursuing his research for the last several years, the author became more and more convinced that the Mimamsa rules of interpretation or the Mimamsa sutras, if properly interpreted and applied, can largely aid and supplement our system of legal interpretation. For this, to borrow words of Justice B.N. Srikrishna, "Mimamsa sutras need to be formally reduced to universally identified rules". This author has attempted to do the same and thereby has commenced a beginning. His book "Interpreting Law with Mimamsa Sutras" codifying the Sutras into 109 Rules of interpretation has been published and these codes or the Rules have been freely and copiously used in this book for supplementing the prevailing system of interpretation.

The present book is in four parts. Part- I contains Chapters 1 to 3. Chapter 1 gives a brief historical overview of evolution of legal interpretation in the west vis-à-vis the ancient Indian systems followed by an introduction of the system of Mimamsa As the book also addresses the law students, Chapters on 'Law and its sources'; and General features of enacted law explaining different elements of an enacted law are presented in Chapters 2 and 3 respectively.

Part-II contains Chapters 4 to 7. Chapters 4. 5. 6 and 7 deal with Textual interpretation; Contextual interpretation; Secondary principles of interpretation like purposive, harmonious, beneficent interpretation etc.; and Aids to interpretation respectively. Part-III contains Chapters 8 and 9. While Chapter 8 deals with interpretation of the Constitution; Chapter 9 discusses interpretation of particular statutes like General and Special statutes, Procedural statutes, Beneficent statutes, Fiscal and Taxing statutes, Expropriatory statute etc.

It is common experience that the Supreme Court has in many cases remarked that its judgment was misinterpreted or misunderstood or erroneously applied by the High Court. It was felt therefore that the law students as also budding lawyers should know how to interpret a judgment. Similarly this group of lawyers would also need to know how to interpret a deed, a Will, a contract, an arbitration agreement/ award and for that matter any instrument. These subjects have been discussed in Chapter 10.

One feature of this book needs specific mention. In an attempt to revive the ancient Indian system of interpretation the Mimamsa rules of interpretation have been integrated in the prevailing interpretative practices wherever relevant and applicable. Thus the reader knows which Mimamsa rule can be applied in which situation. Of course there are some situations beyond the scope of this book and in that event the reader may refer to "Interpreting Law with Mimamsa Sutras" and find out which Rule suits his requirement.

Lastly in humble submission of the author he has attempted to commence a beginning by introducing the ancient, yet relevant, Indian system of interpretation (unjustifiably consigned to the realm of philosophy) to the legal fraternity.

The author will fail in his duty if he does not place on record his thanks to the publishers Eastern Law House, Kolkata for publishing this book.

The author is immensely thankful to Mr. Amarendra Narayan, Advocate Patna High Court for his relentless interaction and coercion for bringing perfection and clarity in the book.

In the last but not the least the author places on record his profound appreciation of Shri Ish Kumar Malhotra (Managing Editor, PLJR and JLJR), author's friend. philosopher and guide, for his fruitful interaction and encouragement.

This book is now in the hands of the knowledgeable discerning readers. The author hopes that it will be received well and solicits constructive criticism for further improvement making the book more useful and user friendly.