literal rule

Under the literal rule, if the words of a statute are clear and unambiguous the court must give effect to them in their natural and ordinary sense, whatever the consequences; the remedy for a harsh result lies with the legislature. It is the first rule of interpretation and reflects respect for the legislature’s words.

Where the literal meaning leads to absurdity or inconsistency, courts turn to the golden rule; where they must find the mischief the statute was meant to cure, to the mischief rule. Indian courts now speak increasingly of purposive interpretation, but they still start with the plain words, and strictly apply the literal rule to penal and taxing statutes.

Example

Applying the literal rule, the court refused to read words into the taxing provision that Parliament had not used.

In Indian law

• Sussex Peerage Case (House of Lords, 1844): plain words to be given their natural meaning

See also

golden rule · mischief rule · purposive interpretation · strict construction

Read more in the study notes

• The literal rule and the golden rule (Interpretation of Statutes and Principles of Legislation)
• Constitutional interpretation (Constitutional Law II)
• Meaning of statute and purpose of interpretation (Interpretation of Statutes and Principles of Legislation)
• Principles of constitutional interpretation: pith and substance, colourable legislation, occupied field and repugnancy (Interpretation of Statutes and Principles of Legislation)
• Interpretation of statutes and the role of the legislature (Judicial and Legislative Process)
• Interpretation of statutes: an introduction to the rules, context and fringe meaning (Legal Methods)