Golden Rule

GOL-dun ROOL

A rule of statutory interpretation that where the literal meaning of a statute produces an absurd, repugnant, or unreasonable result, the court may modify the literal meaning to avoid that result — without departing from the purpose of the legislation.

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Definition

Modified Literal Rule Rule of Sensible Interpretation Absurdity Rule

A rule of statutory interpretation that where the literal meaning of a statute produces an absurd, repugnant, or unreasonable result, the court may modify the literal meaning to avoid that result — without departing from the purpose of the legislation.

The golden rule is a corrective to the literal rule. Lord Wensleydale in Grey v. Pearson (1857) stated: 'In construing a statute, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no farther.' The golden rule thus permits modification of the literal meaning where it produces an absurd result — but only to the extent necessary to avoid the absurdity, not as a licence to rewrite the statute.

Statutory Definition

No statutory provision — the golden rule is a judge-made canon. Applied by Indian courts alongside the literal rule as a second-stage corrective. In <em>CBI v. Vipin Kumar Tripathi</em> (2014) 8 SCC 518, the Supreme Court applied the golden rule to give a purposive reading to a statutory provision that would have produced an absurd result under the literal reading. The General Clauses Act, 1897 (Section 10 — 'where power is given to do any act, such power is to be exercised from time to time as occasion requires' — a workability-promoting provision) embodies the golden rule's spirit.

Etymology & Origin

The 'golden rule' label is somewhat informal — the name suggests that this is the ideal or optimal rule of interpretation. It stands between the rigidity of literal interpretation and the flexibility of purposive interpretation.

Full Legal Analysis

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