In this article you will learn about the Mischief Rule of Interpretation.
Introduction
The Mischief Rule of Interpretation is a rule of Interpretation which basically prevents misuse of the provision of any statute. The mischief rule is a principle of statutory interpretation, applied by the courts to determine the intention of the legislature when the wording of a particular statute is unclear or ambiguous. Mischief means in its literal sense is voluntarily causing injury or loss to someone.
The mischief rule, also known as Heydon's Rule or Rule in Heydon's Case, is one of the modes of interpretation of laws or statutes and has been generated in the UK during the 16th century. The general intention is to discover the mischief and defect which the statute aims to remedy, and what remedy could effectively cure such mischief and defect. In the Heydon's Case 1584 four questions were stated before giving the interpretation to be examined to prevent misuse of any provision of statute or the statute. They are :
- What was the common law before the enactment of the Act or Statute?
- What were the mischief and defects that the common law did not address?
- What remedy did the legislature intend to propose to cure or ratify the problem?
- What is the true reason behind the remedy?
Process to apply the Mischief Rule
- Identify the particular statute where there is need of interpretation. (To identify the statute)
- Examination of the defect in that particular statute. It may be in a single provision or may be connected with a number of provisions.
- Legal remedy - identify the legal remedy in that particular situation.
- Whether there is a need for change or not?
Advantages
- This rule of interpretation is more satisfactory as compared to literal rule of interpretation because here the court can go beyond the text of the particular statute and the court can consider at the time of interpretation some external factors as well.
- By the application of this rule the court can minimise or close the loopholes in that particular statute.
- At the time of following the rule the court has wider power as compared to the literal rule of interpretation.
- It allows the law to develop and change as per the requirement of time.
Disadvantages
- It gives too much power to the court which can be considered undemocratic or against the principle of separation of power.
- Supremacy of the Parliament may be compromised.
- There are chances of biasness on the part of judges as they are humans and belong to the particular community.
Conclusion
Mischief rule involves trying to find the intention of a legislature for which the statute was enacted. The judges use the mischief rule to find out the true meaning of the statute by going beyond its terms to the social evils it sought to counter. Rather than focus solely on the words of a statute, judges utilizing this rule will consider the historical backdrop, the problems the statute was intended to remedy, and an approach the legislature intended to use to provide that remedy.
Judges, using this rule, are able to make sure that the law, as far as possible, fulfills its purpose, especially where the wording leaves room for such interpretation or is not explicit. This is an important step towards establishing fairness, justice, and ensuring proper functioning of the law.
This article on the Mischief Rule of Interpretation is contributed by Dipshikha Anand. Explore more articles and resources on LawStudyPoint.com. Also, check out the Dipshikha Anand YouTube channel for helpful videos and updates.