Maxims of Statutory Interpretation

Introduction 

Statutory interpretation relies on established legal maxims that guide courts in ascertaining legislative intent and resolving ambiguities in law. These maxims, derived from constitutional and common law principles, act as interpretative tools ensuring consistency, clarity, and fairness in judicial decisions. From prohibiting sub-delegation of powers to prioritizing special provisions over general ones, such maxims form the backbone of judicial reasoning and statutory construction. 

Key Maxims of Statutory Interpretation 

Delegatus Non Potest Delegare - "A delegate cannot further delegate" 

• This principle in constitutional and administrative law means that delegated powers cannot be further delegated. The rationale is that power is entrusted to a person or authority to exercise specific functions, and the principal chooses a particular authority based on trust and confidence in their integrity and competence. Therefore, the authority cannot further delegate work that has been delegated to them. 

Exceptions to this maxim include: 

• Where the principal/enabling Act, itself authorizes delegation 
• Where delegation is necessary due to practical considerations 
• Where custom and practice require or allow delegation 

The US Supreme Court first cited this maxim in United States v. Sav. Bank, while the Indian Supreme Court in A. K. Roy v. State of Punjab held that sub-delegation of delegated power is ultra vires to the enabling Act. 

Expressio Unius Est Exclusio Alterius - "Express mention of one thing excludes all others" 

• This maxim means that when something is mentioned expressly in a statute, it leads to the presumption that things not mentioned are excluded. However, sometimes a list in a statute is illustrative and not exclusionary, usually indicated by words such as "includes" or "such as." General words in a statute must receive a general construction, and it is assumed that if something is not added to the statute, there is a reason behind it—to exclude that from the statute. 
• Application: If a statute refers to lions and tigers, it only refers to them and will not include leopards, hyenas, or any other animals. The court in V. Inhabitants of Sedgley held that a statute raising taxes on "lands, houses and coalmines" did not apply to limestone mines, as these were not specifically mentioned. 

Generalia Specialibus Non-Derogant - "General provisions do not derogate from special provisions" 

• This maxim means that where there is a special provision specifically dealing with a subject, a general provision, however widely worded, must yield to the former. It has been widely used in cases where there is a conflict between general and special laws, helping the judiciary in statutory interpretation. 
• Justice Griffith observed that this maxim means that for interpretation of two statutes in apparent conflict, the provisions of a general statute must yield to those of a special one.  
• The Supreme Court in State of Gujarat vs. Ranuji Bhai noted that this maxim is a cardinal principle of interpretation, meaning that general provisions must always yield to special provisions. 

In Pari Delicto Potior Est Conditio Possidentis - "When parties are equally in the wrong, the condition of the possessor is better" 

• This Latin maxim refers to situations where both parties to a dispute are equally at fault. The law favors the defendant who holds the stronger ground, taking notice of an illegal transaction to defeat a suit, but not to maintain one. Courts primarily use this maxim when relief is being denied to both parties in civil action because of equal wrongdoing and greater culpability on the plaintiff's part. 
• The doctrine has several exceptions, including requirements that the plaintiff must be an active, voluntary participant in wrongful conduct, and the plaintiff's wrongdoing must be at least substantially equal to that of the defendant. 

Ut Res Magis Valeat Quam Pereat - "The construction of a rule should give effect to the rule rather than destroying it" 

• This maxim means that when there are two constructions possible from a provision—one giving effect to the provision and the other rendering it inoperative—the former should be adopted and the latter discarded. An enacting provision or statute must be construed to make it effective and operative. 
• The maxim generally starts with a presumption in favor of constitutionality rather than unconstitutionality of the statute. However, when the presumption of constitutionality fails, statutes cannot be rendered valid or operative accordingly. 

Expressium Facit Cessare Tacitum- "What is expressed makes what is implied silent" 

• This maxim is used while interpreting statutes, contracts, and deeds. When a matter is clearly provided in a document, the clear and precise meaning is to be adopted without importing any new interpretation. The implied meaning need not be adopted when a clear meaning is provided. 

In Bonam Partem - "Words used in a statute are to be taken in their lawful sense" 

• This principle means that words must be construed in their lawful sense—what is not prohibited by law. Courts must apply the rule of interpretation in bonam partem to give effect to the terms of law and to subserve the object of the provisions themselves.