All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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60.

Which of the following is not rule of statutory interpretation ?

A: The literal rule
B: The context rule
C: The golden rule
D: The genuine rule
E: The mischief rule

The answer is: D

Explanation

The correct option is D: The genuine rule.

The genuine rule is not a rule of statutory interpretation. It is a term that does not exist in the context of interpreting statutes. The other options are all valid rules of statutory interpretation that are used by courts to determine the meaning and intent of legislation. A brief explanation of each rule is given below:

- The literal rule: This rule requires the courts to give the words of the statute their plain, ordinary, and literal meaning, regardless of the consequences or absurdities that may result. This rule is based on the assumption that the legislature has expressed its intention clearly and precisely through the words of the statute.
- The context rule: This rule requires the courts to consider the context and purpose of the statute, as well as its text, when interpreting its meaning. This rule is based on the assumption that the legislature has intended to create a coherent and consistent legal system, and that the words of the statute should be understood in relation to their surrounding provisions and objectives.
- The golden rule: This rule allows the courts to modify or depart from the literal meaning of the statute, when such meaning would lead to absurdity, inconsistency, or injustice. This rule is based on the assumption that the legislature has not intended to produce unreasonable or illogical outcomes through the words of the statute.
- The mischief rule: This rule requires the courts to consider the mischief or problem that the statute was intended to remedy, and to interpret its meaning in a way that suppresses the mischief and advances the remedy. This rule is based on the assumption that the legislature has enacted the statute to address a specific defect or gap in the existing law.