RULE OF LITERAL CONSTRUCTION/GRAMMATICAL CONSTRUCTION

THE RULE OF LITERAL CONSTRUCTION/GRAMMATICAL CONSTRUCTION

Applicability

1. This is the first rule of interpretation.
2. This rule is used if
• Word used in a Statute are clear.
• Language used in a Statute is plain
• Literal meaning is clear and unambiguous, and
• There is nothing to imply that the words or the language has been used in a special sense different from their ordinary grammatical sense.
3. Literal meaning shall be adopted, whatever be the consequences where only one meaning is possible for a provision.

Natural and Grammatical meaning

1. The words are construed according to their natural, ordinary and popular meaning.
2. If a word is of everyday use, such word shall not be given any dictionary or technical meaning.
3. If the Statute dealing with the matter would attribute a technical meaning to a word, then such word must be given a technical meaning.
4. If a word relates to a particular trade, such word shall be given the meaning which is understood by everybody conversant with such trade, even though such meaning is different from ordinary or popular meaning.
5. Phrases and sentences are  construed according to the rules of grammer.

Implications

1. Ordinarily, a Statute must be construed according to plain in natural meaning.
2. Every word is to be given a meaning. No words should be added, altered or modified Omission are not to be inferred.
3. Courts cannot legislate.
4. No reference can be made to legal decisions.

Limitations

1. One word may have different or alternate meaning. Some of these meanings may me very wide while some meaning may be restricted. Which of these meanings is to be used is not made clear by literal interpretation.
2. The intention of the law is ignored.
3. Language of Statute cannot be so precise to cover each and every possible situation.

Non-Applicability

1. If the language is ambiguous.
2. If literal sense gives unintelligible, absurd or unreasonable results.
3. If literal sense would defeat the purpose of the Act.
4. If, after reading the Statute as a whole a contrary meaning is suggested by

• the words used in the Statute , or
• context in which the words have been used, or
• object of the Statute.