Golden Rule

- GOLDEN RULE REGARD TO CONSEQUENCES
Regard to Consequences
The Golden Rule is a modification of the
literal rule i.e. where the literal rule fails, to

bring out the real intention of the legislature, the
golden rule is applied.
The golden rule allows a judge to depart
from a words normal meaning only in
order to avoid an absurd result.
If the language used is capable of bearing more
than one construction, in selecting the true
meaning regard must be had to the
consequences resulting from adopting the
alternative constructions.
Golden
Rule
purports
to avoid
such
results
Golden rule comes in between the two rules but is not a compromise between them
Literal
Circumstances of use
Golden rule gives words their plain, ordinary meaning
Something which was

unlikely to be the
legislative intention
History and evolution

The rule is usually based on part of
Becke v Smith (1836) per Justice Park,

which states:
It is a very useful rule in the
construction of a statute to adhere to
the ordinary meaning of the words used,
and to the grammatical construction,
unless that is at variance with the
intention of the legislature to be
collected from the statute itself, or
leads to any manifest absurdity or
repugnance, in which case the language
History and evolution

Becke v. Smith (1836)
Justice Park
Grey v. Pearson (1857) Lord
Wensleydale
Hardship,
Injustice,
Absurdity,
Anomaly,
Inconvenience,
Repugnance to be Avoided
Sensible Interpretation Rule
For Instance
U.P.
There is a presumption that law makers

enact laws which the society considers as
honest, fair and reasonable
Another instance
The provision reads
Lee v. Knapp
Lee v. Knapp
Construction of the word
The Court arriving at the

decision
Therefor
e...
Central India Spinning Weaving & Manufacuring

Co. Nagpur v. Mun. Comm., Wardha
Sec. 66(1) of the Central Provinces and Berar Municipalities
The Supreme Court held
V.V.Shivprasad v. Kothuri
Venkateshwarlu
Hindu Widows Remarriage Act, 1856
Prohibits
Bigamy
Widows rights on her

deceased husbands
property ceases on
remarriage
V.V.Shivprasad v. Kothuri
Venkateshwarlu
In this case, marriage of a Hindu widow
with a person whose first wife was

therefore held to be an invalid marriage.
Still, it was held that such a marriage
amounted to re-marriage within Sec.2 of

the 1856 Act and the widow ceased to hold
any rights in the property of her deceased
husband.
The Court: Sensible Meaning

has to be given
The Act prevents double benefit
Avoid Construction which

leads to anomalies
Clear & gross anomaly
Nyadar Singh v. Union of India
The Matter
Contentions of the Parties

The Appellants
The
Respondents
Due to the penalty,
The word reduction
they were reduced

in rank to posts
lower than the one
to which they were
initially recruited.
Hence,
inappropriate
construction.
in rank is distinct
from reversion as
the
former
was
imposed by way of
penalty.
Hence, reduction in
rank to a post below
the one that the
appellant
initially
held was appropriate.
Reversion & Reduction in

post
The Supreme Court noted

ILLUSTRATION
Thereforethe court held

A
person initially recruited to a

higher time scale, grade, post or
service cannot be reduced to a post
in a lower time-scale, grade, post or
service or to a lower post.
Though the language of the rule is
wide, a restricted construction was

placed to avoid the anomaly which a
wider
construction
would
have
produced.
S.Narayanswami v. G.
Pannerselvam
FACTS
Observations of the
Supreme Court
Graduates are not an occupational or vocat
Observations of the Supreme

Court
Legislative Council Elections qualifications in Art.171(3)
Observations of the Supreme

Court
The High Court erroneously travelled
outside the four corners of the

statutory provisions when there was
no ambiguity at all in the language,
and by resorting to a presumed
legislative
intent,
it
added
a
qualification to those expressly laid
down in the Constitution and other
statutory provisions contravening the
rule of plain meaning.
Decision of the Supreme Court
Applying the rule with caution
Applying the rule with caution

Individual cases of hardship or
injustice have no bearing for

rejecting natural construction,
and it is only when the natural
construction leads to a general
hardship or injustice and some
other construction is reasonably
open
that
the
natural
construction may be departed
from.

Golden Rule

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- GOLDEN RULE REGARD TO CONSEQUENCES

literal rule i.e. where the literal rule fails, to

Something which was

History and evolution

Becke v Smith (1836) per Justice Park,

History and evolution

Grey v. Pearson (1857) Lord

Sensible Interpretation Rule

There is a presumption that law makers

The Court arriving at the

Central India Spinning Weaving & Manufacuring

Sec. 66(1) of the Central Provinces and Berar Municipalities

The Supreme Court held

Widows rights on her

with a person whose first wife was

amounted to re-marriage within Sec.2 of

The Court: Sensible Meaning

Avoid Construction which

Nyadar Singh v. Union of India

Contentions of the Parties

Due to the penalty,

The word reduction

they were reduced

Reversion & Reduction in

The Supreme Court noted

Thereforethe court held

person initially recruited to a

Though the language of the rule is

wide, a restricted construction was

Graduates are not an occupational or vocat

Observations of the Supreme

Observations of the Supreme

outside the four corners of the

Decision of the Supreme Court

Applying the rule with caution

Applying the rule with caution

injustice have no bearing for

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