Mimansa Rule Of Interpretation

Mimansa Rule Of Interpretation Of Statutes

Introduction:

Interpretation Of Statute Is One Of The Most Important Thing For Any Law Student, Lawyer Or Member Of Judiciary.

There Are Number Of Principle And Rules Laid Down In Law For The Purpose Of Interpretation, One Of Ancient Source Of Law Is Mimansa Darshan Which Is Part Of Series Of Six Darshan Of Hinduism, In Law There Is An Type Of Interpretation Which is Known As Mimansa Rule.

What Is Interpretation?

Interpretation of statute is the process of Understanding Or Considering the true meaning of the words used in a statute. When the language of the statute/law is clear, there is no need for the rules of interpretation. But in certain cases, more than one meaning may be derived from the same word or sentence And May create confusion or wrong meaning of that particular law.

This Is the process by which the courts interpret and apply legislations to the facts of the different Case, placed before it by the parties.

What Is Mimansa Philosophy?

Mimansa Darshan Is One Of the six Darshan of Hinduism and maharshi jaimini is the author of it.

Mimansa is said to be the oldest of six Darshan

The word Mimansa means reflection.

The aim of Mimamsa is to give rules for the interpretation of the Vedas.

Types Of Interpretation

1. Beneficial Interpretation

2. Contextual Interpretation

3. Equitable Interpretation

4. Literal Interpretation

5. Harmonious Interpretation

6. Historical Interpretation

7. Interpretation By Legal Organ

8. Jurisprudential Interpretation

9. Liberal interpretation

10. Logical interpretation

11. Purposive Interpretation

12. Extensive Interpretation

13. Sociological Interpretation

14. Strict Interpretation

Mimansa Rule Of Interpretation:

The Principles and Rules mentioned in Religious Books Like Ved And Darshan were Basically Given In Order to interpret the Meaning of mantra and sutra given in them, but these rules were so effective, rational and logical that many Intellectuals started to use them in Law and Philosophy etc too.

According to B.M. Gandhi "There is no reason why indian court cannot use Mimansa Interpretation on Appropriate occasion, it is no where mentioned in Constitution that only maxwell's principle of interpretation can be used by the court"

The Moral Behind this Statement is that, Every case is different from last one, This is the reason that in many Cases rule of maxwell's Interpretation can be Helpful for court and on many occasion court may find the Mimansa Rule Of Interpretation helpful. There is no restriction on court to use any particular rule Specifically.

In many famous cases the rule of Mimansa Interpretation has been applied

Case law

Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd

In the case Of Gujarat urja vs Essar Power

Court held that:

In our opinion to resolve this conflict the Mimansa principles of Interpretation would of great utility.

It is deeply regrettable that in our Courts of law, lawyers quote Maxwell and Craies but nobody refers to the Mimansa Principles of Interpretation. Today many of our educated people are largely unaware about the great intellectual achievements of our ancestors and the intellectual treasury they have bequeathed us. The Mimansa Principles of Interpretation is part of that intellectual treasury but it is distressing to note that apart from a reference to these principles in the judgment of Sir John Edge, the then Chief Justice of Allahabad High Court in Beni Prasad vs. Hardai Devi, (1892) ILR 14 All 67 (FB), and some judgments by one of us (M. Katju, J.) there has been almost no utilization of these principles even in our own country.

It may be mentioned that the Mimansa Rules of Interpretation were our traditional principles of interpretation laid down by Jaimini, whose Sutras were explained by Shabar, Kumarila Bhatta, Prabhakar, etc. These Mimansa Principles were regularly used by our great jurists like Vijnaneshwara (author of Mitakshara), Jimutvahana (author of Dayabhaga), Nanda Pandit, etc.

Legal principles given in Mimamsa :

It is Amazing to describe that many Ancient Rules Given In Mimansa are still Reminiscent of many modern rules

Those are

• सार्थक्य

 

It means that every word Should have a purposeful meaning

•अर्थैकत्व

 Same word should have same meaning

• गुण प्रधान

Reconciliation Of all ideas with principle one

• सामंजस्य

Contradiction Should not be presumed and, on the contrary, reconciliation should be attempted

• विकल्प

Choice between two meaning is Permitted

• अनर्थ केय

An Interpretation, Which makes A word Or phrase Meaningless Should be avoided

• लाघव

A construction Making The meaning Shorter and sampler Is to be preferred

Conclusion:

India Has its own History of Intelligence and Supreme Knowledge, but unfortunately due to Many reasons,Mainly invasion on indian soil by Outsiders Made Us Forget all those heritage.

Few Years Ago A Trending Topic Tik Tok Vs YouTube Arose In Which People Decided to boycott google, But The Question was, if not Google then what??

Just Like That The Question here Arise that If We look forward to Make Indian laws Without Degrading its rich heritage, how many options are left for us.

That is the reason why Indian Courts should and is Applying these Principle in many Cases instead of dependency on British rules and laws. 

Interpretation of word Was Always an important part of indian Culture and in order to keep that Alive, Such Topics Should be promoted

- Anmol Vyas