EJUSDEM GENERIS

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

EJUSDEM GENERIS-

Tanmoy Mukherjee

Advocate

In statutory interpretation, the legislature often uses specific words followed by general words. If the general words are interpreted in their widest sense, they may enlarge the scope of the statute beyond legislative intent. To avoid this, courts apply the doctrine of Ejusdem Generis, a well-established rule of interpretation.

Meaning of the Doctrine-

The Latin expression Ejusdem Generis means:

“Of the same kind, class, or species.”

According to this rule, when general words follow specific words, the general words are restricted to things of the same nature as those specifically mentioned.

Explanation of the Rule-

The doctrine operates as follows:

→The legislature first enumerates specific words belonging to a class.

→It then uses general words.

→The general words are interpreted as referring only to items of the same class or genus as the specific words.

→This prevents the general words from being interpreted in an unlimited or unintended manner.

Rationale and Object

→Preservation of Legislative Intent

→The legislature does not intend general words to override the meaning of specific words.

→Controlled Interpretation

→Prevents excessive enlargement of statutory scope.

→Harmonious Reading

→Ensures all words in a statute are given meaning.

→Avoidance of Absurd Results

→Prevents unreasonable interpretations.

Conditions for Application

For the application of the rule of ejusdem generis, the following conditions must be satisfied:

→There must be an enumeration of specific words.

→The specific words must constitute a distinct class or genus.

→The general words must follow the specific words.

→There must be no contrary legislative intention.

If any of these conditions is absent, the doctrine will not apply.

Scope and Application

The doctrine is applied in:

→Penal statutes

→Taxation laws

→Administrative and regulatory statutes

→Criminal law

→Constitutional interpretation

Illustrations

If a statute refers to:

“Cars, buses, trucks and other vehicles”

The term “other vehicles” will be interpreted to include motor vehicles of the same class, and not bicycles or bullock carts.

Reference Cases

Amar Chandra Chakraborty v. Collector of Excise (1972)

The Supreme Court held that general words following specific words must be restricted to the same category.

Jage Ram v. State of Haryana (1971)

The Court applied the doctrine to limit the scope of general words in a statute.

Evans v. Cross (1938)

The phrase “other devices” was interpreted ejusdem generis with traffic signals.

State of Karnataka v. Kempaiah (1998)

The Supreme Court reiterated that ejusdem generis is applicable only when a distinct genus exists.

Grasim Industries Ltd. v. Collector of Customs (2002)

The Court held that the doctrine is not a rule of law but a rule of construction, and it applies only when legislative intent supports it.

Kavalappara Kottarathil Kochuni v. State of Madras (1960)

The Supreme Court declined to apply the doctrine where no distinct genus could be identified.

Relationship with Noscitur a Sociis

Ejusdem Generis is a specific application of the broader rule noscitur a sociis.

While noscitur a sociis derives meaning from associated words, ejusdem generis restricts general words to a specific class.

Limitations of the Doctrine

→Not applicable where words are clear and unambiguous.

→Cannot be applied if no genus is formed.

→Cannot override legislative intent.

→Not applicable where the statute uses wide or inclusive language.

Critical Evaluation

The doctrine of ejusdem generis ensures precision in interpretation but must not be applied mechanically. Courts must always consider the purpose and context of the statute.

The doctrine of Ejusdem Generis is an important tool of statutory interpretation. It ensures that:

→General words do not expand beyond intended limits

→Legislative intent is preserved

→Statutory interpretation remains logical and controlled

However, its application depends on context, statutory scheme, and legislative purpose, making it a flexible and pragmatic principle.