Construction Ejusdem Generis

CONSTRUCTION EJUSDEM GENERIS
"Law is the embodiment of principles derived from thinkers, a roadmap to

societal order crafted by the wisdom of the ages."-: Aristotle
MEANING-:
The meaning of “ejusdem generis” is “of the same kind or nature.” It is a
statutory construction principle that is applied to interpret ambiguous language
in contracts and other legal documents like statutes. By interpreting a general
phrase in light of the specific words that come before it, which are often of a
similar character or category, the rule works to narrow the meaning of a general
term.
For example, if a law states that "no vehicles, including cars, trucks, and
motorcycles, are allowed in the park," the principle of ejusdem generis would
suggest that the general term "vehicles" should be interpreted in light of the
specific examples listed (cars, trucks, and motorcycles), implying that only
similar types of vehicles are prohibited in the park.
In the context of construction contracts, the principle might be applied if a
contract lists specific types of materials (e.g., steel, concrete, wood) followed by
a general term like "building materials."
Black’s Law Dictionary (8th edition, 2004.), “the principle of Ejusdem Generis
is where general words follow an enumeration of persons or things by particular
and specific words. Not only these general words are construed but also held as
applying only to persons or things of the same general kind as those specifically
enumerated.
HISTORY-:
• Latin Roots: The term itself comes from Latin, meaning "of the same kind
or class." This suggests it's been around for centuries.
• Common Law Development: Ejusdem generis is considered a canon of
construction, which are established principles used to interpret legal
documents. These canons developed over time through court decisions.
• Early Applications: There are references to similar ideas in English legal
writings from the 16th and 17th centuries. However, it wasn't until the
18th and 19th centuries that ejusdem generis became a well-defined
principle.
Need for the doctrine of ejusdem generis-:
1. Avoiding Absurd Results: By constraining the meaning of general terms to

be consistent with specific terms in a list, the doctrine helps prevent
absurd or unreasonable interpretations of statutes or contracts.
2. Preserving Legislative Intent: It helps ensure that the intent of lawmakers
or parties to a contract is respected and upheld by providing a framework
for interpreting ambiguous language in a manner consistent with the
context and purpose of the law or agreement.
3. Promoting Predictability and Consistency: By providing a structured
approach to interpreting ambiguous language, the doctrine promotes
predictability and consistency in legal outcomes, which is crucial for
fostering trust and confidence in the legal system.
4. Encouraging Clarity in Drafting: Knowing that the doctrine of ejusdem
generis may be applied, drafters of statutes and contracts are incentivized
to use clear and precise language, reducing ambiguity and the likelihood of
disputes.
• doctrine of ejusdem generis plays a vital role in ensuring the effectiveness
and fairness of legal interpretation by guiding courts and parties in
determining the meaning of ambiguous terms in statutes and contracts.
Essentials of the doctrine of ejusdem generis-:

• Specific and General Terms: It involves the interpretation of a list that
includes specific terms followed by a general term.
• Restriction of General Term: The principle dictates that the general term
should be interpreted in light of the specific terms, restricting its scope to
things of the same kind as those specifically mentioned.
• Ambiguity Requirement: The doctrine applies when there is ambiguity in
the interpretation of the general term, meaning that its meaning is not
clearly defined by the context or language of the statute or contract.
• Contextual Analysis: Courts consider the context, purpose, and intent of
the statute or contract when applying the doctrine, ensuring that the
interpretation aligns with the overall objectives of the law or agreement.
• Avoidance of Absurdity: The application of ejusdem generis aims to
prevent absurd or unreasonable interpretations of statutes or contracts by
providing a sensible and contextually appropriate interpretation.
CASE LAWS-:
1. State of Bombay v. Hospital Mazdoor Sabha (AIR 1960 SC 610):
• In this case, the Supreme Court of India held that the ejusdem
generis principle applies when specific words are followed by
general words in a statute. The court emphasized the importance of
considering the context and purpose of the statute in interpreting its
provisions.
2. State of Gujarat v. Patel Raghav Natha (AIR 1969 SC 1297):
• The Supreme Court reiterated the application of the ejusdem
generis principle in interpreting statutes. It held that when specific
words are followed by general words, the general words should be
construed in light of the specific words to give effect to the intention
of the legislature.
3. Indian Oil Corporation Ltd. v. Chief Inspector of Factories and Boilers
(AIR 2000 SC 3602):
• In this case, the Supreme Court applied the ejusdem generis
principle to interpret the term "railway" in the Factories Act, 1948.
The court held that the term should be construed narrowly to
include only premises closely associated with railway operations,
consistent with the specific examples provided in the statute.
4. Kanailal Sur v. Paramnidhi Sadhukhan (AIR 1973 SC 630):
• The Supreme Court discussed the application of the ejusdem
generis principle in the interpretation of contracts. It emphasized
that the principle should be applied cautiously and only when there
is ambiguity in the language of the contract.
WHEN APPLIES-:
1. List of Specific Terms: It applies when a list or series of specific terms or
examples is followed by a general term.
2. Ambiguity in Interpretation: The doctrine comes into play when there is
ambiguity or uncertainty in interpreting the meaning of the general term,
particularly in relation to its scope or application.
3. Contextual Analysis: Courts consider the context, purpose, and
legislative intent behind the provision containing the list and the general
term. This helps ensure that the interpretation aligns with the overall
objectives of the statute or contract.
4. Consistency with Specific Terms: The doctrine dictates that the general
term should be interpreted in light of the specific terms preceding it,
restricting its meaning to things of the same kind or nature as those
specifically mentioned.
5. Avoidance of Absurd Results: The application of ejusdem generis aims to
prevent absurd or unreasonable interpretations of statutes or contracts by
providing a sensible and contextually appropriate interpretation.
APPLICATION OF EJUSDUM GENERIS-:

• Article 19(2): This provision ensures the freedom of expression, subject
to some justifiable limitations. Public order, morality, or decency are
among the limits. These expressions can be interpreted as only referring to
constraints that are of the same kind or nature as “public order, decency,
or morality” using the principle of ejusdem generis.
• Article 30(1): This provision grants minorities the freedom to found and
run the educational institutions of their choosing. The term “minorities” is
used in the article, and it is followed by clear instances, such as “based on
religion or language.” The term “minorities” can be used to refer to only
those groups that are comparable in nature to those based on religion or
language by applying the principle of ejusdem generis.
• Article 245: The right to enact legislation is granted by Article 245 to
both the national and state legislatures. The phrase “any matter” is
used in the text as a generalisation, and then specific instances like
“with respect to any of the issues in the Union List or the Concurrent
List” follow. The phrase “any matter” can be understood to indicate just
those topics that are comparable in nature to those specified in the
Union List or the Concurrent List by using the principle of ejusdem
generis.
• Article 13(3): This section of the Constitution addresses the
application of pre-constitutional regulations that are at odds with the
fundamental freedoms protected by Part III. The phrase “law in force”
is used in the article as a generalisation, followed by specific examples
such “custom or practise bearing the force of law.” The word “law in
force” can be understood to signify only those laws that are
comparable in nature to conventions or usages bearing the force of
law by applying the principle of ejusdem generis.
• Article 312: The formation of All India Services is covered in this section.
The phrase “any other service” is used in the article, and is followed by
more specific instances such “the Indian Administrative Service” and
“the Indian Police Service.” The phrase “any other service” can be
interpreted in accordance with the concept of ejusdem generis to
indicate only those services that are comparable to the Indian
Administrative Service and the Indian Police Service.
Limitations-:
1. Strict Application: Courts may sometimes apply the doctrine too strictly,
leading to overly narrow interpretations of general terms. This can result in
outcomes that do not align with the broader purpose or intent of the
statute or contract.
2. Contextual Variations: The applicability of ejusdem generis can vary
depending on the specific context and wording of the statute or contract.
In some cases, the context may not support the application of the
doctrine, or the specific terms may not be sufficiently similar to warrant
narrowing the meaning of the general term.
3. Legislative Intent: While the doctrine aims to preserve legislative intent,
there may be instances where applying ejusdem generis does not
accurately reflect the true intent of the lawmakers. In such cases, a strict
application of the doctrine may lead to outcomes that are contrary to the
legislative purpose.
4. Ambiguity and Uncertainty: The doctrine may not always provide clear
guidance in cases where there is ambiguity or uncertainty in the
interpretation of the statute or contract. Courts may struggle to determine
whether the specific terms provide sufficient basis for applying ejusdem
generis.
5. Evolution of Language: Language evolves over time, and what may have
been considered a specific term in the past may now be understood more
broadly. This can complicate the application of ejusdem generis,
particularly when interpreting older statutes or contracts.
6. Overreliance: There is a risk of overreliance on the doctrine, leading to a
failure to consider other relevant factors in legal interpretation, such as
legislative history, statutory purpose, and the overall context of the
provision.
CASE LAWS
• G. P. Singh v. State of U.P. (1985): The phrase “any other thing” in Section
5 of the Explosive Substances Act of 1908 was interpreted in this case by
the Supreme Court under the ejusdem generis principle. The phrase
should only be used to refer to things that are comparable in nature to
those things that are specifically stated in the section, the court said.
• The State of Gujarat v. Chhatbhai (1979): In this case, The High Court of
Gujarat used the ejusdem generis concept to interpret the phrase “any
other vehicle” in the Gujarat Motor Vehicles Tax Act, 1958 The court
decided that the phrase should only be used to refer to cars that are
essentially the same as those that are stated in the section.
• Sivakasi Municipality v. Ramaswami Naidu (1965): The Madras High
Court used the ejusdem generis concept in this case to interpret the
phrase “any other trade” in the Tamil Nadu Local Boards Act, 1920.
According to the court, the phrase should only be used to refer to dealings
that are analogous to those that are specifically stated in the provision.
• State of Punjab v. Mohinder Singh (2013): The phrase “any other place”
in Section 15 of the Prevention of Corruption Act, 1988 was interpreted by
the Supreme Court in this case using the ejusdem generis concept. The
court decided that the phrase should only be used to refer to locations
that are comparable to those that are specifically named in the provision.
CONCLUSION-:
the legal principle known as ejusdem generis is frequently applied in statutory
interpretation to clarify the meaning of general terms that appear after specific
ones. The rule ensures that generic terms are construed in the context of
specific ones and are not given a wider meaning than the legislator intended.
The doctrine aims to ensure consistency, predictability, and fairness in legal
outcomes by constraining the meaning of general terms to be consistent with
specific terms in a list. However, it must be applied judiciously, taking into
account the specific context and purpose of the provision being interpreted.

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CONSTRUCTION EJUSDEM GENERIS

"Law is the embodiment of principles derived from thinkers, a roadmap to

1. Avoiding Absurd Results: By constraining the meaning of general terms to

Essentials of the doctrine of ejusdem generis-:

APPLICATION OF EJUSDUM GENERIS-:

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