Home › CS Executive › jurisprudence › Interpretation of Statutes › Strict construction is to be applied to certain …
Strict construction is to be applied to certain classes of statutes, while liberal (beneficial) construction is preferred for others. Which combination correctly identifies the typical pairing?
Answer & Solution
Correct answer: B.
1. The ICSI text refers to Wiberforce on Statute Law: ***'Strict construction'*** means **'Acts are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligibly described in the very words of the statute as well as manifestly intended'**.
2. ***'Liberal construction'*** means **'everything is to be done in advancement of the remedy that can be done consistently with any construction of the statute'**.
3. **Beneficial construction to suppress the mischief and advance the remedy is generally preferred** for remedial / beneficial statutes; **strict construction is the traditional rule for penal and tax statutes** (and for any statute imposing a burden on the citizen).
4. The other pairings (Constitution / criminal, procedure / tax exemption, international / municipal) do not match the established interpretive convention.
_Source: ICSI CS Executive — Lesson 3, 'Strict and Liberal Construction', p. 90._
Related questions
Why does the ICSI material insist that a statute be construed 'in its context' rather thanRegarding the use of 'Parliamentary History' as an external aid in India, the position is What is the role of dictionaries as an external aid to statutory interpretation, accordingThe 'statement of objects and reasons' attached to a Bill, according to the ICSI material,The Rule of Harmonious Construction directs that a statute be read as a whole to avoid conThe maxim *Contemporanea Expositio Est Optima Et Fortissima in Lege* is invoked in statutoWhat is the modern view on the use of 'marginal notes' appended to sections of an Indian sThe Mischief Rule from *Heydon's Case* may be applied only when certain conditions are met