EJUSDEM GENERIS
INTRODUCTION
There are broadly two types of principles of interpretation.
Primary Principles.
Secondary Principles.
The principle of Ejusdem Generis falls under the secondary principles.
ETYMOLOGICAL MEANING
The expression 'ejusdem generis' means of the same kind or class.
Derived from a Latin term meaning ‘of the same kind.’
It is also known as ‘eisudem generis’.
MEANING
When general words follow enumerations of particular classes or persons or things, the
general words shall be construed as applicable only to person or things of the same
general nature or kind as those enumerated.
LOGIC BEHIND THE RULE
It is presumed that statute will be interpreted so as to be internally consistent.
A particular section of the statute shall not be separated from the rest of the act.
WHEN IT IS USED
The rule is applied to resolve the problem in giving meaning to groups of words where
one of the words is ambiguous or inherently unclear or vague.
EXPLANATION OF THE RULE
Normally, general words should be given their natural meaning like all other words
unless the context requires otherwise.
As per this legal term, in any canon of construction, when a general word or phrase
follows a list of specifics, then the general word or phrase shall be interpreted to include
only items of the same type as those listed.
In other words, the general expression takes its meaning from the preceding particular
expressions because the legislature by using the particular words has shown its intention
to that effect.
Specific/Particular meaning of an expression or words apply over its general/ordinary
meaning.
PRINCIPLE
The basis of this expression is that if the legislature intended general words to be used in
an unrestricted sense, it would not have bothered to use particular words at all.
The rule like many other rules of statutory interpretation, is a useful servant but a bad
master.
The rule must be controlled by the fundamental rule that statutes must be construed so as
to carry out the object sought to be accomplished.
SCOPE
The rule of 'ejusdem generis' is only an instrumentality to ascertain the correct meaning
of words when there is uncertainty.
It should not be used to defeat the obvious purpose of legislation.
The Ejusdem Generis rule is not a rule of law but is merely a rule of construction to find
out the true intention of the legislature.
1
The Supreme Court held that the Ejusdem Generis principle is a facet of the principle of
‘Noscitur a sociis’. The Latin maxim ‘Noscitur a sociis’ contemplates that a statutory
term is recognised by its associated words.
EXAMPLE/ILLUSTRATION
If a law refers to horses, cattle, sheep, pigs, goats or any other farm animal, the general
mention “or any other farm animal” would be held to include only four legged, hoofed
mammals, typically found on farms and thus would exclude chickens.
Books, magazines & newspapers and other reading material. In this case other reading
material cannot be construed to mean a pen.
ESSENTIALS OF EJUSDEM GENERIS
The statute contains an enumeration of specific words.
The subjects of enumeration constitute a class or category.
That class or category is not exhausted by the enumeration.
The general terms follow the enumeration.
There is a distinct genus which comprises more than one species.
There is no indication of a different legislative intent.
INAPPLICABILITY OF THE RULE
The rule of Ejusdem Generis must be applied with great caution, because, it implies a
departure from the natural meaning of words, in order to give them a meaning on a
supposed intention of the legislature.
The rule requires that the specific words are all of one genus, in which case, the general
words may be presumed to be restricted to that genus.
For example, the words ‘or otherwise’ are generally used as ancillary to the specific
proposition which precedes them.
The rule does not have a universal application.
Following are some situations when the rule is inapplicable :-
If the specific words do not belong to a distinct genus or category.
If a general word follows only one particular word, then that single particular
word does not constitute a distinct genus.
If the context of the legislation rules out the applicability of this rule.
If the context of the whole scheme of the enactment and the object and mischief
of the enactment do not require such a restricted meaning to be attached to words
of general import.
POSITION IN USA
In USA, this rule is a well-established and useful one.
Just like other cannons of statutory construction, is only an aid in the ascertainment of the
true meaning of the statute.
It is neither final nor exclusive.
CONCLUSION
The Doctrine of Ejusdem Generis is only part of a wider principle of construction,
namely, that, where reasonably possible, some significance and meaning should be
attributed to each and every word and phrase in the written document.
Thus, one can conclude that the canons of interpretation is like a guide to the courts/
judges. By using right canon of interpretation at the right time the courts ensure that
ambiguous statutes are interpreted as per the intent of legislature as far as possible.
2
3
