Research Design

A research design is defined as the overall plan or structure

that guides the process of conducting research. It is a
critical component of the research process and serves as a
blueprint for how a study will be carried out, including the
methods and techniques that will be used to collect and
analyze data. A well-designed research study is essential for
ensuring that the research objectives are met and that the
results are valid and reliable.

Key elements of research design include:

• Research Objectives: Clearly define the goals and

objectives of the research study. What the research
trying to achieve or investigate
• Research Questions or Hypotheses: Formulating
specific research questions or hypotheses that address
the objectives of the study. These questions guide the
research process.
• Data Collection Methods: Determining how data will
be collected, whether through surveys, experiments,
observations, interviews, archival research, or a
combination of these methods.
• Sampling: Deciding on the target population and
selecting a sample that represents that population.
Sampling methods can vary, such as random sampling,
stratified sampling, or convenience sampling.
• Data Collection Instruments: Developing or selecting
the tools and instruments needed to collect data, such
as questionnaires, surveys, or experimental equipment.
• Data Analysis: Defining the statistical or analytical
techniques that will be used to analyze the collected
 data. This may involve qualitative or quantitative
methods, depending on the research goals.
• Time Frame: Establishing a timeline for the research
project, including when data will be collected, analyzed,
and reported.
• Ethical Considerations: Addressing ethical issues,
including obtaining informed consent from participants,
ensuring the privacy and confidentiality of data, and
adhering to ethical guidelines.
• Resources: Identifying the resources needed for
the research, including funding, personnel, equipment,
and access to data sources.
• Data Presentation and Reporting: Planning how the
research findings will be presented and reported,
whether through written reports, presentations, or other
formats.

Characteristics of research design

Some basic characteristics of research design are common to

different research design types. These characteristics of research
design are as follows:

• Neutrality: Right from the study assumptions to setting up

the study, a neutral stance must be maintained, free of pre-
conceived notions. The researcher’s expectations or beliefs
should not color the ndings or interpretation of the ndings.
Accordingly, a good research design should address potential
sources of bias and confounding factors to be able to yield
unbiased and neutral results.
• Reliability: Reliability is one of the characteristics of
research design that refers to consistency in measurement
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 over repeated measures and fewer random errors. A
reliable research design must allow for results to be
consistent, with few errors due to chance.
• Validity: Validity refers to the minimization of nonrandom
(systematic) errors. A good research design must employ
measurement tools that ensure validity of the results.
• Generalizability: The outcome of the research design should
be applicable to a larger population and not just a
small sample. A generalized method means the study can be
conducted on any part of a population with similar accuracy.
• Flexibility: A research design should allow for changes to be
made to the research plan as needed, based on the data
collected and the outcomes of the study
A well-planned research design is critical for conducting a
scienti cally rigorous study that will generate neutral, reliable,
valid, and generalizable results. At the same time, it should allow
some level of exibility.

Different types of research design

A research design is essential to systematically investigate,

understand, and interpret phenomena of interest. Let’s look
at different types of research design and research design
examples.

Broadly, research design types can be divided into qualitative

and quantitative research.

Qualitative research is subjective and exploratory. It determines

relationships between collected data and observations. It is usually
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carried out through interviews with open-ended questions,
observations that are described in words, etc.

Quantitative research is objective and employs statistical

approaches. It establishes the cause-and-effect relationship among
variables using different statistical and computational methods.
This type of research is usually done using surveys and
experiments.

Qualitative research design types and qualitative research

design examples

The following will familiarize you with the research design

categories in qualitative research:

• Grounded theory: This design is used to investigate research

questions that have not previously been studied in depth.
Also referred to as exploratory design, it creates sequential
guidelines, offers strategies for inquiry, and makes data
collection and analysis more ef cient in qualitative research.
Example: A researcher wants to study how people adopt a certain
app. The researcher collects data through interviews and then
analyzes the data to look for patterns. These patterns are used to
develop a theory about how people adopt that app.

• Thematic analysis: This design is used to compare the data

collected in past research to nd similar themes in qualitative
research.
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Example: A researcher examines an interview transcript to
identify common themes, say, topics or patterns emerging
repeatedly.

• Discourse analysis: This research design deals with language

or social contexts used in data gathering in qualitative
research.
Example: Identifying ideological frameworks and viewpoints of
writers of a series of policies.

Quantitative research design types and quantitative research

design examples

Note the following research design categories in quantitative

research:

• Descriptive research design: This quantitative research

design is applied where the aim is to identify characteristics,
frequencies, trends, and categories. It may not often begin
with a hypothesis. The basis of this research type is a
description of an identi ed variable. This research design
type describes the “what,” “when,” “where,” or “how” of
phenomena (but not the “why”).
Example: A study on the different income levels of people who
use nutritional supplements regularly.

• Correlational research design: Correlation re ects the

strength and/or direction of the relationship among variables.
The direction of a correlation can be positive or
negative. Correlational research design helps researchers
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 establish a relationship between two variables without the
researcher controlling any of them.
Example: An example of correlational research design could be
studying the correlation between time spent watching crime shows
and aggressive behavior in teenagers.

• Diagnostic research design: In diagnostic design, the

researcher aims to understand the underlying cause of a
speci c topic or phenomenon (usually an area of
improvement) and nd the most effective solution. In simpler
terms, a researcher seeks an accurate “diagnosis” of a
problem and identi es a solution.
Example: A researcher analyzing customer feedback and reviews
to identify areas where an app can be improved.

• Explanatory research design: In explanatory research

design, a researcher uses their ideas and thoughts on a topic
to explore their theories in more depth. This design is used to
explore a phenomenon when limited information is available.
It can help increase current understanding of unexplored
aspects of a subject. It is thus a kind of “starting point” for
future research.
Example: Formulating hypotheses to guide future studies on
delaying school start times for better mental health in teenagers.

• Causal research design: This can be considered a type of

explanatory research. Causal research design seeks to de ne
a cause and effect in its data. The researcher does not use a
randomly chosen control group but naturally or pre-existing
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 groupings. Importantly, the researcher does not manipulate
the independent variable.
Example: Comparing school dropout levels and possible bullying
events.

• Experimental research design: This research design is used

to study causal relationships. One or more independent
variables are manipulated, and their effect on one or more
dependent variables is measured.
Example: Determining the ef cacy of a new vaccine plan for
in uenza.

Bene ts of research design

There are numerous bene ts of research design. These are as

follows:

• Clear direction: Among the bene ts of research design, the

main one is providing direction to the research and guiding
the choice of clear objectives, which help the researcher to
focus on the speci c research questions or hypotheses they
want to investigate.
• Control: Through a proper research design, researchers can
control variables, identify potential confounding factors, and
use randomization to minimize bias and increase the
reliability of their ndings.
• Replication: Research designs provide the opportunity for
replication. This helps to con rm the ndings of a study and
ensures that the results are not due to chance or other factors.
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 Thus, a well-chosen research design also eliminates bias and
errors.
• Validity: A research design ensures the validity of the
research, i.e., whether the results truly re ect the
phenomenon being investigated.
• Reliability: Bene ts of research design also include reducing
inaccuracies and ensuring the reliability of the research (i.e.,
consistency of the research results over time, across different
samples, and under different conditions).
• Ef ciency: A strong research design helps increase the
ef ciency of the research process. Researchers can use a
variety of designs to investigate their research questions,
choose the most appropriate research design for their study,
and use statistical analysis to make the most of their data. By
effectively describing the data necessary for an adequate test
of the hypotheses and explaining how such data will be
obtained, research design saves a researcher’s time.
Overall, an appropriately chosen and executed research
design helps researchers to conduct high-quality research, draw
meaningful conclusions, and contribute to the advancement of
knowledge in their eld.
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 RESEARCH REPORT
A research report is considered a major component of any research study
as the research remains incomplete till the report has been presented or
written. No matter how good a research study, and how meticulously the
research study has been conducted, the ndings of the research are of little
value unless they are effectively documented and communicated to others.
The research results must invariably enter the general store of knowledge.
Writing a report is the last step in a research study and requires a set of
skills somewhat different from those called for in actually conducting a
research.

TYPES OF REPORT
Research reports vary greatly in length and type depending on the subject.
For example banks and other nancial institutions prefer short balance
sheet type of tabulations for their annual report. In mathematics, the report
may consist of many algebraic notations, whereas a chemists report may
be in the form of symbols and formulae. Students of literature usually
write a long report critically analysing a writer or book.
The news items found in newspapers are also a form of report writing.
Other examples of reports include book reviews, reports prepared by
government bureaus, PhD theses, etc. Any research investigation may be
presented in like a technical report, a popular report, an article, a
monograph, or, at times, even in the form of an oral presentation. The
technical report is prepared for specialists who have interest in
understanding the technical procedure and terminology used in the
research project. The report will be in technical language. In the technical
report, the main emphasis is on: (i) the methods employed; (ii)
assumptions made in the course of study and; (iii) the detailed presentation
of the ndings, including their limitations and supporting data.
Popular data is intended for persons who have limited interest in the
technical aspects of the research methodology and research ndings. The
audience will include laymen and even top executives who want summary
reports. The popular report is one which gives emphasis on simplicity and
attractiveness. The simpli cation should be sought through clear writing,
minimizing of technical, particularly mathematical details, and liberal use
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of charts and diagrams. Attractive layouts along with large print and many
subheadings is another feature of a popular report. In such a report,
emphasis is given on practical aspects and policy implications.

STEPS IN WRITING THE RESEARCH REPORT

Preparing a project/research report is not an easy task. It should be

written with perfection as any wrong information may mislead and
confuse the readers. Writing research report is one of most important
tasks in the entire research process. The 9 steps of writing research
reports are as follows:

1) Verifying the Sources of Data Collection:

Verification of the sources of information is a fundamental task which
should be carried out prior to the preparation of research report. The
information can be collected from various primary and secondary
sources. More important is the research issue, more is the verification
needed.

2) Formulating a Rough Pattern:

During the data collection, researcher notes down the significant and
related information that can be included in the research report. As the
researcher proceeds in noting down the information, he formulates a
pattern to identify relevant and irrelevant information.

3) Formulating Final Pattern:

On the basis of formulated rough pattern, the collected data is analyzed.
While analyzing the data, the researcher might feel the need to collect
more data, while some of the existing data may get rejected because of
their unsuitability. By analyzing collected data, gradually the final pattern
of the research report is formulated which is continuously refined.

4) Making an Outline:
After formulating the final pattern, an outline of the research report is
made, where the researcher decides how to present the report. Various
decisions to be made in this stage are related to problem statement,
arrangement of various sections and a logical sequencing is decided.
Many times it is not needed, but it helps la finalizing the structure of
report.

5) Writing the First Draft:

The next step is writing the first draft of report. It is a rough draft which is
prepared by researcher at first. In this stage, the researcher is still in
confusion between the notes and the outline of report. Hence, this draft
needs refinement till it is finalized.

6) Presenting the Rough Draft:

In this stage, a rough draft which is prepared in previous stage, is
presented in front of the management. It is very important for a
researcher to make the management understand what the report is
trying to communicate. While preparing rough draft, it should be kept in
mind that the language should be clear as well as appealing. The
researcher should note down all the suggestions that are given for the
improvement.

7) Refinement in Rough Draft:

In this stage, all the refinements that are suggested by the management
are made in the draft. The researcher also needs to carefully analyze
the draft and make necessary changes such as adding important
details, rearrangement of text, checking of grammar and spelling, etc.
This refinement continues in a loop till the top management approves
the report.

8) Evaluation of Report:
After continuous refinement, an almost final report is prepared. In this
stage, the top management evaluates the effectiveness of report. They
analyze whether the research is completed as per the instructions or not
In this step, the reliability and the validity of the report is checked against
set parameters. The report is effective when it is able to communicate
the purpose of research clearly and comprehensively without hampering
the quality of the report.

9) Present and Publish the Final Report:

Once the report is finally approved after evaluation, the next thing is
presenting it to the intended audience. The presentation should be
effective enough to get the attention about the research objectives. This
presentation can be enhanced with the help of diagrammatic
representation and hand-outs, interaction with audience. Once, the
report is successfully presented, it is the time to publish it so that
general public can get to know about the research. Organizations can
inform the common public with the help of various techniques, such as,
bulletin boards, newsletters, etc.
 Just as an architect has to draw a layout plan for a house that is being
designed, you rst have to make an outline for your report. This outline
will contain a head, a body, and a tail.
The research report will have, broadly, three parts.
Report Writing
Part I : The Preliminary Pages
• Title and cover page
• A foreword
• Preface
• Acknowledgements
• Table of contents
• List of tables
• List of gures
• List of appendices
• List of abbreviations
• Executive Summary

Part II : The Main Text of the Research Report

The Main Text includes the following chapters
• Introduction
• Review of Literature
• Methodology
• Research Findings
• Discussion
• Conclusion and Recommendations
• Summary

Part III : The End Matter

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Precautions in Preparing the Research Report

Report writing can be considered as an art which is learn through

practicing and experience. While preparing project/research report,
following precautions should be taken by the researcher:

1) Accuracy:
A research report should contain accurate information about the
research problem and research objectives as inaccurate information
may mislead the managers and can cause problems in decision-making.

2) Simplicity:
An Ideal research report should be simple in every aspect. The layout,
wording. grammar, phasing, sequencing, tabulation, etc., should be
developed with full attention to keep it simple.

3) Clear and Completeness:

A research report should be clear and complete. These two terms are
complementary to each other. Researchers should not use ambiguous
words or sentences while preparing a research report. The report should
be clearly defined in terms of its objective, scope, sources, findings, etc.
The concepts and techniques of the report should be explained
appropriately, to make the research report complete in every sense.

4) Conciseness:
The research reports should be concise and brief enough to represent
all the information needed by the executives as they want the facts and
results only. But this feature of research report should not be
compromised with the clarity and completeness of the report. The report
should be able to highlight the essential points briefly without damaging
its quality.

5) Comprehensibility and Readability:

Research report should be comprehensive and easily readable. There
should be no confusion in the language or grammar of the contents.
Technical language or terms should be avoided in the preparation of
questionnaire. The language and content of the report should be in such
a way that it can be understood by everyone.

6) Reliability:
The information included in the research report should be reliable and
valid. It is also essential that all important facts should be included so
that readers may understand it easily. Researchers should prepare the
report with special care such that the erroneous information should not
be included, as it confuses the readers.

7) Timelines:
The unique feature of research report is that it should be prepared within
a stipulated time. Timeframe is the crucial aspect of a report, as data
included in the report may become obsolete or irrelevant after certain
period time.

8) Logical Content:
All the contents of a research report should be written in a logical way.
None of the information should be included without proper investigation
and analysis. There should be a sequence applied to all the components
of report. The entire report should be categorized into server parts
containing district facts and information and should facilitate the case to
locate the concerned topic in a report.

9) Original Content:
The contents of a research report should be original and specific. The
research report should address some specific problem. The researcher
should attempt to provide a solution to the problem being addressed.

10) Free from Errors:

The report should not contain any errors such as spelling errors, missing
data, grammatical errors, incorrect calculations, etc. Researchers should
ensure the report to be error- free before presenting it finally.

11) Good Appearance:

Research reports should be well typed, neat and clean. It should
maintain this consistency throughout the report, to catch the attention of
readers.

Importance of Research Report Writing

Research report serves many purposes for the organization and plays a
crucial role in management. Preparing a research report is important
due to following reasons:
1) Communicates the Information:
Research report can be used as means of communicating facts and
information to the top management or executives in the organization.
With the help of reports, ideas, suggestions, and concepts of the
organizations are conveyed to their shareholders, customers, general
public, top management executives, etc. Communicating information
through reports allow the managers to make efficient decisions.

2) Helps In Evaluation:
Research report helps the managers to re-evaluate their prevailing
problem as well as to plan for future efficiently. Research reports also
help various departments 10 co-ordinate and control their activities.
Research reports assist general public in finding probable suggestions
regarding their problems.

3) Facilitates Measuring Performance:

Research reports can also help in evaluating performance of a particular
department/organization, town, district, stale, or country. It provides
relevant and complete information about the performance which in turn
helps in finding out the ways for battement.

4) Predicts Future Trends:

Research reports contain the facts and figures related to some crucial
incidents or occurrence that help in predicting the future occurrences. It
can forecast the changing trends of consumer buying, upcoming
variation in the market or economy or need of technical advancement.

5) Helps in Making Desirable Changes:

Report helps in making desirable changes in a department,
organization, market, or economy, by understanding its consequences
and giving valuable suggestions. It identifies the factors responsible for
poor performance of a particular plan, policy, scheme, or organization
and provides ideas or solutions to eliminate those factors so that
positive changes could be implemented.

6) Advancement of society:
Research reports contribute to the advancement of society by
addressing societal challenges, improving healthcare practices,
developing innovative technologies, and informing public policy. They
provide the foundation for evidence-based practices and initiatives that
can lead to positive social, economic, and environmental outcomes.

7) Academic and professional recognition:

Publishing research reports in reputable journals or presenting them at
conferences enhances researchers' academic and professional
reputation. It helps establish their expertise, contributes to their career
advancement, and allows them to engage in scholarly discussions and
collaborations with peers.

Characteristics of Writing an Effective Research

Report

An effective research report possesses several key characteristics that

contribute to its quality and usefulness. Here are some important
characteristics of an effective research report:

1) Clear and concise:

An effective research report presents information in a clear and concise
manner, avoiding unnecessary jargon or complex language. The report
should be easily understandable to the intended audience.

2) Well-structured:
A good research report follows a logical structure, including sections
such as an introduction, literature review, methodology, results,
discussion, and conclusion. Each section should flow smoothly, and the
report should have a coherent overall structure.

3) Objective and unbiased:

A research report should maintain objectivity and avoid bias in
presenting the findings and interpreting the results. The researcher
should strive to present an unbiased analysis of the data and avoid
personal opinions or preconceived notions.

4) Relevant and focused:

An effective research report is focused on the research question or
objective and presents information that is directly relevant to the study. It
should avoid including irrelevant details or information that does not
contribute to the main findings.

5) Supported by evidence:
A strong research report provides evidence to support its claims and
findings. This includes referencing relevant literature, using appropriate
research methods, collecting reliable data, and presenting results with
proper statistical analysis.

6) Comprehensive:
A good research report covers all essential aspects of the research,
including relevant background information, a thorough literature review,
a detailed methodology, comprehensive data analysis, and insightful
conclusions. It should leave no important gaps in the research process.

7) Well-documented:
An effective research report includes proper citations and references to
acknowledge the work of others and support its own findings. It should
follow a consistent citation style, such as APA or MLA, and provide a
bibliography or reference list.

8) Appropriate language and tone:

The language and tone used in a research report should be
professional, objective, and formal. It should maintain a balance
between being technical enough to convey the research accurately and
accessible enough to be understood by the intended audience.

9) Reliable and valid:

A good research report demonstrates the reliability and validity of the
research methods and findings. It includes information about the sample
size, data collection procedures, potential limitations, and measures
taken to ensure the validity of the results.

10) Well-presented:
The visual presentation of a research report is crucial. It should be well-
formatted with clear headings, subheadings, and an appropriate use of
tables, graphs, or figures to illustrate the data. The report should also be
free from grammatical errors and typos.

Conclusion

In conclusion, report writing is an important aspect of research

methodology. It involves a series of steps, including de ning the
research question, conducting a literature review, collecting and
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analyzing data, organizing the report, writing the report, and
editing and proofreading the report. A well-written report can
provide valuable insights and information that can be used to
inform decision-making and policy development.

SAMPLING
When you conduct research about a group of people, it’s rarely
possible to collect data from every person in that group. Instead,
you select a sample. The sample is the group of individuals who
will actually participate in the research.
To draw valid conclusions from your results, you have to carefully
decide how you will select a sample that is representative of the
group as a whole. This is called a sampling method. There are two
primary types of sampling methods that you can use in your
research:
• Probability sampling involves random selection, allowing you
to make strong statistical inferences about the whole group.
• Non-probability sampling involves non-random selection
based on convenience or other criteria, allowing you to easily
collect data.
You should clearly explain how you selected your sample in
the methodology section of your paper or thesis, as well as how you
approached minimizing research bias in your work.

Population vs. sample

First, you need to understand the difference between a population
and a sample, and identify the target population of your research.
• The population is the entire group that you want to draw
conclusions about.
• The sample is the speci c group of individuals that you will
collect data from.
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The population can be de ned in terms of geographical location,
age, income, or many other characteristics.

It can be very broad or quite narrow: maybe you want to make

inferences about the whole adult population of your country; maybe
your research focuses on customers of a certain company, patients
with a speci c health condition, or students in a single school.
It is important to carefully de ne your target population according to
the purpose and practicalities of your project.
If the population is very large, demographically mixed, and
geographically dispersed, it might be dif cult to gain access to a
representative sample. A lack of a representative sample affects
the validity of your results, and can lead to several research biases,
particularly sampling bias.
Sampling frame
The sampling frame is the actual list of individuals that the sample
will be drawn from. Ideally, it should include the entire target
population (and nobody who is not part of that population).
Example: Sampling frame
You are doing research on working conditions at a social media
marketing company. Your population is all 1000 employees of the
company. Your sampling frame is the company’s HR database,
which lists the names and contact details of every employee.
Sample size
The number of individuals you should include in your sample
depends on various factors, including the size and variability of the
population and your research design. There are different sample
size calculators and formulas depending on what you want to
achieve with statistical analysis.

Probability sampling methods

Probability sampling means that every member of the population
has a chance of being selected. It is mainly used in quantitative
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 research. If you want to produce results that are representative of
the whole population, probability sampling techniques are the most
valid choice.
There are four main types of probability sample.

1. Simple random sampling

In a simple random sample, every member of the population has an
equal chance of being selected. Your sampling frame should
include the whole population.
To conduct this type of sampling, you can use tools like random
number generators or other techniques that are based entirely on
chance.
Example: Simple random sampling
You want to select a simple random sample of 1000 employees of a
social media marketing company. You assign a number to every
employee in the company database from 1 to 1000, and use a
random number generator to select 100 numbers.
2. Systematic sampling
Systematic sampling is similar to simple random sampling, but it is
usually slightly easier to conduct. Every member of the population is
listed with a number, but instead of randomly generating numbers,
individuals are chosen at regular intervals.
Example: Systematic sampling
All employees of the company are listed in alphabetical order. From
the rst 10 numbers, you randomly select a starting point: number
6. From number 6 onwards, every 10th person on the list is
selected (6, 16, 26, 36, and so on), and you end up with a sample
of 100 people.
If you use this technique, it is important to make sure that there is
no hidden pattern in the list that might skew the sample. For
example, if the HR database groups employees by team, and team
members are listed in order of seniority, there is a risk that your
interval might skip over people in junior roles, resulting in a sample
that is skewed towards senior employees.
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 3. Strati ed sampling
Strati ed sampling involves dividing the population into
subpopulations that may differ in important ways. It allows you draw
more precise conclusions by ensuring that every subgroup is
properly represented in the sample.
To use this sampling method, you divide the population into
subgroups (called strata) based on the relevant characteristic (e.g.,
gender identity, age range, income bracket, job role).
Based on the overall proportions of the population, you calculate
how many people should be sampled from each subgroup. Then
you use random or systematic sampling to select a sample from
each subgroup.
Example: Strati ed sampling
The company has 800 female employees and 200 male employees.
You want to ensure that the sample re ects the gender balance of
the company, so you sort the population into two strata based on
gender. Then you use random sampling on each group, selecting
80 women and 20 men, which gives you a representative sample of
100 people.
4. Cluster sampling
Cluster sampling also involves dividing the population into
subgroups, but each subgroup should have similar characteristics
to the whole sample. Instead of sampling individuals from each
subgroup, you randomly select entire subgroups.
If it is practically possible, you might include every individual from
each sampled cluster. If the clusters themselves are large, you can
also sample individuals from within each cluster using one of the
techniques above. This is called multistage sampling.
This method is good for dealing with large and dispersed
populations, but there is more risk of error in the sample, as there
could be substantial differences between clusters. It’s dif cult to
guarantee that the sampled clusters are really representative of the
whole population.
Example: Cluster sampling
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The company has of ces in 10 cities across the country (all with
roughly the same number of employees in similar roles). You don’t
have the capacity to travel to every of ce to collect your data, so
you use random sampling to select 3 of ces – these are your
clusters.
Non-probability sampling methods
In a non-probability sample, individuals are selected based on non-
random criteria, and not every individual has a chance of being
included.
This type of sample is easier and cheaper to access, but it has a
higher risk of sampling bias. That means the inferences you can
make about the population are weaker than with probability
samples, and your conclusions may be more limited. If you use a
non-probability sample, you should still aim to make it as
representative of the population as possible.
Non-probability sampling techniques are often used
in exploratory and qualitative research. In these types of research,
the aim is not to test a hypothesis about a broad population, but to
develop an initial understanding of a small or under-researched
population.

1. Convenience sampling
A convenience sample simply includes the individuals who happen
to be most accessible to the researcher.
This is an easy and inexpensive way to gather initial data, but there
is no way to tell if the sample is representative of the population, so
it can’t produce generalizable results. Convenience samples are at
risk for both sampling bias and selection bias.
Example: Convenience sampling
You are researching opinions about student support services in your
university, so after each of your classes, you ask your fellow
students to complete a survey on the topic. This is a convenient
way to gather data, but as you only surveyed students taking the
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same classes as you at the same level, the sample is not
representative of all the students at your university.
2. Voluntary response sampling
Similar to a convenience sample, a voluntary response sample is
mainly based on ease of access. Instead of the researcher
choosing participants and directly contacting them, people volunteer
themselves (e.g. by responding to a public online survey).
Voluntary response samples are always at least somewhat biased,
as some people will inherently be more likely to volunteer than
others, leading to self-selection bias.
Example: Voluntary response sampling
You send out the survey to all students at your university and a lot
of students decide to complete it. This can certainly give you some
insight into the topic, but the people who responded are more likely
to be those who have strong opinions about the student support
services, so you can’t be sure that their opinions are representative
of all students.
3. Purposive sampling
This type of sampling, also known as judgement sampling, involves
the researcher using their expertise to select a sample that is most
useful to the purposes of the research.
It is often used in qualitative research, where the researcher wants
to gain detailed knowledge about a speci c phenomenon rather
than make statistical inferences, or where the population is very
small and speci c. An effective purposive sample must have clear
criteria and rationale for inclusion. Always make sure to describe
your inclusion and exclusion criteria and beware of observer
bias affecting your arguments.
Example: Purposive sampling
You want to know more about the opinions and experiences of
disabled students at your university, so you purposefully select a
number of students with different support needs in order to gather a
varied range of data on their experiences with student services.
4. Snowball sampling
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 If the population is hard to access, snowball sampling can be used
to recruit participants via other participants. The number of people
you have access to “snowballs” as you get in contact with more
people. The downside here is also representativeness, as you have
no way of knowing how representative your sample is due to the
reliance on participants recruiting others. This can lead to sampling
bias.
Example: Snowball sampling
You are researching experiences of homelessness in your city.
Since there is no list of all homeless people in the city, probability
sampling isn’t possible. You meet one person who agrees to
participate in the research, and she puts you in contact with other
homeless people that she knows in the area.
5. Quota sampling
Quota sampling relies on the non-random selection of a
predetermined number or proportion of units. This is called a quota.
You rst divide the population into mutually exclusive subgroups
(called strata) and then recruit sample units until you reach your
quota. These units share speci c characteristics, determined by you
prior to forming your strata. The aim of quota sampling is to control
what or who makes up your sample.
Example: Quota sampling
You want to gauge consumer interest in a new produce delivery
service in Boston, focused on dietary preferences. You divide the
population into meat eaters, vegetarians, and vegans, drawing a
sample of 1000 people. Since the company wants to cater to all
consumers, you set a quota of 200 people for each dietary group. In
this way, all dietary preferences are equally represented in your
research, and you can easily compare these groups.You continue
recruiting until you reach the quota of 200 participants for each
subgroup.
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INTERPRESTATION OF STATUTES
One of the most substantial and the principal duty which are
vested on the judiciary is the interpretation of the statutes or
law which are in force. When the courts deliver justice in a
legal dispute, they strictly abide with the boundaries framed by
the legal frameworks which encompasses certain laws,
statutes, The Constitution and delegated legislations.
The courts deliver justice in a legal matter by interpreting the
underlying principles in these legislations.
For the purpose of interpreting statues and to prevent any
wrongful interpretation of the laws, the court should follow
certain rulesSo, one of the most basic rules of interpretation is
the Literal rule of Interpretation of statutes where the court
interprets the wordings of the law as it is. However, there may
be certain loopholes which may be found in the law due to
which it is not interpret a straight-forward understanding of the
language of the statutes. It may lead to ambiguity and
absurdity if the courts interpret the natural meaning of the
language used in the statute.

Interpretation meaning
The term has been derived from the Latin term ‘interpretari’,
which means to explain, expound, understand, or to translate.
Interpretation is the process of explaining, expounding and
translating any text or anything in written form. This basically
involves an act of discovering the true meaning of the
language which has been used in the statute.

Interpretation of statutes is the correct understanding of

the law. This process is commonly adopted by the courts for
determining the exact intention of the legislature. Because the
objective of the court is not only merely to read the law but is
also to apply it in a meaningful manner to suit from case to
case. It is also used for ascertaining the actual connotation of
any Act or document with the actual intention of the
legislature.
There can be mischief in the statute which is required to be
cured, and this can be done by applying various norms and
theories of interpretation which might go against the literal
meaning at times. The purpose behind interpretation is to
clarify the meaning of the words used in the statutes which
might not be that clear.

According to Salmond, “Interpretation” is the process by

which the court seeks to ascertain the meaning of the
legislature through the medium of authoritative forms in which
it is expressed.

Construction meaning
In simple words, construction is the process of drawing
conclusions of the subjects which are beyond the direct
expression of the text. The courts draw findings after analysing
the meaning of the words used in the text or the statutes. This
process is known as legal exposition. There are a certain set
of facts pending before the court and construction is the
application of the conclusion of these facts.

The objective is to assist the judicial body in determining the

real intention of the legislature. Its aim is also to ascertain the
legal effect of the legal text.

Importance of interpretation of statutes

Interpretation of statutes is necessary for the following three
reasons:

1. The complexity of Statutes: As mentioned earlier, laws are enacted

by individuals who are experts in their particular elds and as a
result, the provisions might be complex for a layman to
understand. Hence, interpretation is deemed necessary.
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 2. Legislative Intent: Sometimes, due to the complex nature of the
statute, the legislative intent might be lost and in order to
understand the intent of the legislature, it is important to interpret
the statutes.
3. Multifaceted Nature of Language: The problem with the English
language is that the same word might have different meanings in
different contexts. For example, the word “PLAY” has different
meanings in different contexts – “Have you watched the play
XYZ?” or “Are the kids playing?” Both the words are the same,
however, their meaning is different in both the sentences.

THE LITERAL RULE

In order to interpret statutes, the courts use various principles which

help them understand the principles. One of the principles is called
the “Literal Rule of Interpretation”

The literal rule of interpretation has been termed as the primary rule
of interpretation. As the name suggests, the literal rule of
interpretation means that the judge literally interprets the statute. It
can also be called the plain-meaning rule or the grammatical rule.

Statutes are constructed using the ordinary meaning of language

given to the term and the judges are not required to interpret the
terms in any other way.

In other words, the provisions have to be read word to word and no

other meaning can be given to the statute.

In order to avoid ambiguity, the Act generally has “de nitions”

mentioned in it. If a particular meaning is given in the de nition
clause, the particular meaning shall be used and no other meaning.
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 In the literal rule of interpretation, the courts are required to observe
the ordinary and natural meaning of words, interpret the phrase or
words as it is. Judges are not required to add words or modify
meaning and they must observe the actual intent of the legislature.
It is the safest rule of interpretation.

The literal rule of interpretation, in a way, is against the use of

intelligence in understanding language. Judges are bound by the
literal meaning of the words and cannot use their judicial minds to
deviate from it.

The rules to be followed in literal rule of interpretation of statutes:

Ejusdem Generis: Ejusdem Generis is where general words follow

anenumeration of persons or things, by words of a particular and
speci c meaning, such general words are not to be construed in
their widest extent, but are to be held as applying only to persons or
things of the same general kind or class as those speci cally
mentioned. Ejusdem Generis means assuming general meaning of
words or words similar kind.

Casus Omissus: means cases omitted. Casus omissus also

means a point not provided by the statute. It is basically a situation
not provided for by a statute or contract and therefore governed by
case-law or new-judge made law. It is a canon of construction,
requiring the court to draw up principles of statutory construction,
which are then going to be followed by subsequent judges in their
judicial decisions.

Expressio Unius Est Exclusio Alterius: Expressio Unius Est

Exclusio Alterius means that one thing having been mentioned the
other is excluded. Lopes, L.J opines this maxim means a valuable
servant but a dangerous master. Expressio unius est exclusio
alterius, it is a maxim for ascertaining the intention of the legislature.
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Where the statutory language is plain and the meaning clear, there
is no scope for applying the rule.

The advantages of the literal rule:

1. The literal rule enables the common man to understand the statue.
2. The intent of the legislature is simple and clear.
3. The literal rule respects the parliamentary supremacy in administration
of justice.
4. Under literal rule the law is quite predictable.

The dis-advantages of the literal rule:

1. The literal rule can lead to unreasonable decision making.
2. The English language is ambiguous.
3. The application of literal meaning in all situations and circumstances is
not possible.
4. The rule expects standards of unattainable perfection from the
parliamentary draftsman.

Criticisms of Literal Rule of Interpretation:

A major criticism of this rule of interpretation is that the meanings of

words might change from time to time and hence the literal
interpretation leads to injustice. Misleading precedents may be
created due to this.
Some ambiguity might still arise while interpreting due to the use of
words like “or”, “and”, “all”.
Another criticism of this rule is that it restricts and bounds the court
making it unable to use its judicial mind to deviate from the literal
meaning of the terms.
Sometimes, a court might ascertain an absolute absurd meaning
which the legislature never intended.
 Case Laws on Literal Rule of Interpretation

1. Maqbool Hussain v State of Bombay [i]: In this case

Maqbool, an Indian citizen, upon returning from an
international trip brought some gold with him. According to the
Sea Customs Act, no Indian citizen was allowed to bring any
valuables such as gold and hence, his gold was con scated.
He was then prosecuted under the Foreign Exchange
Regulation Act, 1947. Maqbool contended that since the gold
had already been con scated, and that was a trial in itself. He
cannot be prosecuted under FERA, 1947 as it would amount
to double jeopardy. However, the Supreme Court held that
con scation of gold cannot be termed as prosecution and
hence it was not a case of double jeopardy according to the
strict and literal interpretation of Article 20(2).
2. Ram Avtar v Assistant Sales Tax Of cer[ii]: Under the
Central Province and Berar Sales Tax Act, vegetables were
tax-free. Ram Avtar contented that pan leaf is also covered
under the purview of vegetable according to its dictionary
meaning and hence should be tax-free. However, the court
said that the dictionary meaning shall be referred to only when
there is ambiguity in the provision and there wasn’t any
ambiguity, hence the court rejected his plea.
3. CBI Bank Securities & Fraud Cell v Ramesh Gelli &
Ors [iii]: In this case, the Supreme Court held that a managing
director or chairman of a private bank will come under the
purview of “public of cer”.

Cases studies relating to literal rule of interpretation of

statute:
R v. Harris (1863) 7C
In this case, the defendant bit the plaintiff’s nose. The statute made it an
offence 'to stab cut or wound' the court held that under the literal rule the act
of biting did not come within the meaning of stab cut or wound as these words
implied an instrument had to be used. Therefore the defendant was acquitted.

Fisher v. Bell (1961) 1 QB 394

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In this case, the defendant displayed ick knife with price tag in his shop. The
statute made it a criminal offence to 'offer' such ick knives for sale. His
conviction was quashed as goods on display in shops are not 'offers' in the
technical sense but an invitation to treat. The court applied the literal rule of
statutory interpretation in this case.

CIT v. T. V Sundaram Iyyengar (1975) 101 I.T.R 764 SC

The meaning of Literal Rule was given in this case as, "If the language of the
statute is clear and unambiguous, the Court cannot discard the plain
meaning, even if it leads to an injustice."

Keshavji Ravji and Co. v. CIT (1990) Taxmann 87 SC

The meaning of literal rule is stated that, As long as there is no ambiguity in
the statutory language, resort to any interpretative process to unfold the
legislative intent becomes impermissible.

Conclusion

From the above discussion, it is clear that the literal rule of

interpretation is the primary rule of interpretation under which courts
interpret statutes and provisions in the literal and ordinary sense
without adding any meaning to them and without modifying them.
This rule is helpful in cases where there is no ambiguity.

The Golden rule

The golden rule is a deviation from the literal rule. It is used to
modify the meaning of the absurd term to give it a useful and
apt meaning to suit the context. It is discussed in depth below.

What is the Golden Rule of Interpretation

The golden rule of interpretation was propounded in the case
of Grey v. Pearson by Lord Wensleydale in the year 1957. This
is why it is also known as Wensleydale’s Golden Rule. This rule
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is the modification of the literal rule. The golden rule modifies
the language of the words in a statute to successfully interpret
the actual meaning of the legislation. It takes into account the
context in which the words are used so that justice can be
done to the intention of the legislation. It is to be noted that
the rule can be used only when the language of the statute is
ambiguous or grammatically incorrect. Thus the judges need to
be extremely careful with their interpretation and only exercise
this power when it is absolutely necessary.

The golden rule can be applied in a narrow or a broad sense:

• Narrow approach – This approach is taken when the

words in the statute are capable of multiple
interpretations. Through this approach, the judge is able
to apply the meaning which is clear and properly portrays
the true intention of the statute. This approach was used
in the R v. Allen, (1872) case.
• Broad approach – This approach is taken when there
exists only one possible interpretation of a word. In some
cases, the meaning might cause absurdity. In order to
avoid this problem, the judges can use this approach to
modify the meaning of the word but this modification
should be limited and shouldn’t deviate from the actual
intention of the legislation. In Re. Sigsworth: Bedford v.
Bedford (1954), this approach was used.
The golden rule of interpretation is the second step after the
literal rule. As we’ve discussed, the literal rule would apply only
when the plain meaning of the word gives justice to the
intention of the legislation. When the literal rule fails due to the
existence of multiple meanings of a word in the statute, the
golden rule is to be applied.

Advantages of the Golden Rule

• An apparent advantage of the rule is that it allows the
judge to modify the meaning of words to remove
 absurdity and apply the modified term effectively in the
case at hand.
• When the literal rule of interpretation fails to achieve
clarity, the golden rule steps in to help the court.
• It guides the judges in applying appropriate principles
while interpreting the meaning of the statute.
• It takes away the requirement of amending the legislation
to make minute changes as the judges can do that for the
Parliament. For example, in the R v. Allen case discussed
above, the Court stepped in and closed the loopholes by
applying the golden rule. The interpretation was in line
with the original intention of the Parliament. Thus, no
amendments were required.
Disadvantages of the Golden Rule
• The golden rule is restricted in its use as it can be used
only when the literal rule leads to ambiguities in
interpretation. Its use thus becomes limited and rare.
• It is unpredictable and lacks guidelines.
• One of the main disadvantages of the rule is that judges
can twist the meaning of the words and change the law.
This would cause a disbalance in the separation of powers.
Methods of application of the Golden Rule
Some scholars have tried to lay down ways by which the
meaning of the statute is to be ascertained.

Earl T. Crawford, in his book “The Construction of Statutes”,

has written that the first source of interpretation should be
sought from the words of the statute. After that, the meaning
ascertained should be examined in the context and subject
matter of the enactment. If the legislative intent is still unclear,
the various external sources of assistance can be consulted. In
this case, the external source of assistance shall be the rules of
interpretation.
Austin has also contributed to the vast literature on rules of
interpretation. He has divided the interpretative process into
three sub-processes:

• Finding the rule.

• Finding the intention of the legislature.
• Extending or restricting the statute to cover cases.
Similarly, De Sloovere recommended the following steps:

• Finding the right statutory provisions.

• Interpreting the statute in its technical sense.
• Applying the meaning to the case at hand.
In both the recommendations, the first step is to find the
appropriate rule/provision and apply it to the case at hand. If
the literal meaning of the statute is appropriate, it shall be
applied. It is only when the meaning is absurd, that the golden
rule of interpretation shall come into play. The court shall
extend or restrict the statute using this rule to cover the case
at hand and apply the modified meaning to come to a better
judgement.

Views of eminent jurists on the Golden Rule

of Interpretation
Through the years, eminent jurists have shared their thoughts
about the golden rule of interpretation either through
judgements or books.

Justice Holmes had stated that a word is not a crystal,

transparent or unchanged. It is the product of thought and has
the ability to vary greatly in colour and content based on the
surrounding circumstances and the time in which it is used.
Wherever the meaning of the words is uncertain, there may be
a requirement for the application of the golden rule. The
court’s main purpose is to supply justice and to do that, proper
interpretation has to be made. The literal rule should be used
first but if it results in absurdity, the ordinary meaning of the
word then may be modified to avoid that absurdity, but no
further.

Lord Moulton in the case of Vacher & Sons v. London Society of

Compositor, (1912) emphasised the need for caution before
applying the golden rule of interpretation. He stated that there
exists a danger that the rule may lead to mere judicial criticism
of the correctness of the Acts of legislature. We have to
interpret the statutes based on the language used in them.
Although the result of two conflicting interpretations may guide
us in making a choice between them, we can be sure that the
words used cannot be attributed to the conflicting
interpretation by taking the Act as a whole and viewing it in
the context of the existing State law at that time.

The Supreme Court in the case of State Bank of India v. Shri

N. Sundara Money, (1976) stated that the rights of the public
are paramount and are to be considered superior in
comparison to individual rights. If the words of the statute are
absurd in the context of the case, they should be considered
repugnant in order to apply the golden rule of interpretation.

Important case laws related to the Golden Rule of Interpretation

State of Punjab v. Qaiser Jehan Begum (1963)

Facts of the case

• The respondents were the owners of 55 bighas and 7 biswas

of land in two villages.
• Their lands along with nearby lands were acquired by the
appellant for his use.
• The respondents were not informed about the acquisition and
were not present at the time of the award.
 • The Collector awarded compensation at the rate of Rs. 96 per
acre but the respondents a year later contended the valuation
of their lands. The senior subordinate judge rejected their
application as it was already 6 months since the sale and was
thus beyond the period of limitation as per Section 18 of
the Land Acquisition Act, 1894.
Issue of the case

• Whether the limitation period starts from the day of sale or

from the day of getting the knowledge of the award.
Judgement

• The Supreme Court held that the parties must rst come to
know the award in order to make an application for reference
under Section 18. The parties were not informed of the award
by notice.
• Since the parties got to know of the award on a later date, the
limitation period for Section 18 would start from this date and
not the date on which the compensation was awarded.
• In this case, the Court applied the golden rule to modify the
meaning of the provision to include the start of the limitation
period from the date of receiving the notice of award.
Ramji Missar v. State of Bihar (1962)

Facts of the case

• The appellant and his brother assaulted one person who

suffered grievous injuries.
• The appellant and his brother were charged with Section
307 & Section 326, and Section 324 of the Indian Penal Code,
1860 respectively.
• It was also found that the younger brother, 19, had no intention
to cause hurt, and was thus, only charged with Section 324.
• The appellant contended that the younger brother’s age was
under 21 at the date of the offence and thus Section 6 of
the Probation of Offenders Act, 1958 should be applied.
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Issue of the case

• Whether the age of the accused is to be determined on the

date of the offence or the date of the guilty verdict.
Judgement

• The Supreme Court in this case decided that the age of the
younger brother was below 21 years of age and thus, Section
6 was applicable to him.
• The Court applied the golden rule to allow the accused to
claim the bene t under Section 6 of the Act by stating that the
determination of age for this Section should be done on the
date of the guilty verdict and not the date of offence.
Nokes v. Doncaster Amalgamated Collieries Ltd. (1940)

Facts of the case

• Section 154 of the Companies Act, 1929 provided the

machinery for the transfer of an old company to a new
company. ‘Transfer’ includes transferring all property, rights,
liabilities and duties of the former company to the new
company.
• There existed a contract of service between the appellant, Tom
Nokes and the old company.
• After the acquisition of the old company by the respondent, the
transfer of all property, rights, liabilities and duties was done.
The appellant continued to work in the old company without
having knowledge of the acquisition.
• When the appellant absented himself from work, he was held
liable under Section 4 of the Employers and Workmen Act,
1875.
• The respondent claimed that the transfer included the contract
of service under the transfer of ‘property’.
Issue of the case
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 • Whether the transfer of property includes the contract of
service that previously existed between the individual and the
transferee company.
Judgement

• The House of Lords held that the bene ts of the contract

entered into by the employee and the former company cannot
be transferred without informing and obtaining the consent of
the employee.
• The notice of the amalgamation by the transferor or transferee
company to the appellant was essential.
• It was also stated that while using the golden rule, the words
must be given their ordinary meaning. If the legislature desired
that workers could be transferred to the new company without
their consent then it would have speci cally mentioned it in the
statute. But nothing of that sort could be found in the present
case. Thus, the golden rule was used in this case to modify the
meaning of the term ‘property’ by restricting it. Viscount Simon,
L.C. presented his reasoning by stating that an interpretation
should be avoided if it reduces the legislation to futility which
would fail to achieve the purpose of the legislation.
If the golden rule wouldn’t have been applied in this case, it would
have led to injustice as it would take away the consent of the
workers. This would negatively affect the workers who would be
subject to frivolous penalties just like in this case.

State of Madhya Pradesh v. Azad Bharat Financial Company (1967)

Facts of the case

• A transport vehicle belonging to the defendant was carrying a

parcel of apples.
• While being checked by the authorities, it was found that the
parcel contained opium. An invoice was shown to the
authorities, which contained crates of apples as the only item.
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 • Eventually, the vehicle was impounded and the items carried
by it con scated.
• Section 11 of the Opium Act, 1878 provided that all the
vehicles transporting contraband articles shall be impounded
and articles con scated.
•
The transport company contended that it had no knowledge of
the opium present in their transport vehicle.
Issue of the case

•
Whether the magistrate was bound by the words of Section 11
of the Opium Act, 1878 to con scate the vehicle.
Judgement

• The High Court held that it was unjust to con scate the truck of
a person if he had no knowledge of the opium being carried on
it.
• Since it is a penal statute, it should be construed in a way that
no person who has not committed any offence, shall not be
penalised.
•The word ‘shall’ in “shall be con scated” should be interpreted
as ‘may’ in the context of such cases.
Thus, the obligation under Section 11 of the Act was removed using
the golden rule of interpretation. Had the literal rule been followed in
this case, it would’ve led to gross injustice as an innocent person
would’ve been penalised.

Lee v. Knapp (1967)

Facts of the case

• The defendant was driving around the block in which his

company’s of ce stood. The purpose was to demonstrate to
the van driver that the new vehicle was easy to drive.
• During this demonstration, the van got into an accident with a
parked vehicle.
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 • As per Section 77(1) of the Road Traf c Act, 1960, the driver of
the vehicle shall stop and give his information and his car’s
identi cation marks in case of an accident where damage has
been done to another vehicle.
• The defendant stopped but did not provide the details
personally as was required by the Section.
Issue of the case

• Whether the meaning of the word ‘stop’ included stopping for a

reasonable period of time before leaving the place of the
accident.
Judgement of the Court

• The court held that the driver did not stop for a reasonable
period of time and make an attempt to look for the other car’s
owner.
• Also, the defendant not giving the details personally violated
Section 77(1) of the Act.
• Here, the golden rule was applied to expand the meaning of
‘stop’ to include ‘search the victim’. Due to these reasons, the
defendant was held liable under Section 77(1) of the Act.

Fitzpatrick v. Sterling Housing Association Limited (1999)

Facts of the case

• The claimant had a long-standing and stable homosexual

relationship with the deceased, who was the original tenant of
the at.
• After the death of the tenant, the claimant sought a statutory
tenancy as the spouse of the deceased.
Issue of the case
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 • Whether a homosexual partner is eligible to get a statutory
tenancy on the same grounds as a spouse in heterosexual
marriage?
Judgement

• The Court held that the claim could not be made as a spouse
of the deceased as homosexual partners did not come under
the meaning of the word. The word spouse included ‘husband
or wife’ of the deceased.
• If the Parliament wanted to include same-sex partners, then it
would have expressly stated it.
• But the Court stated that the meaning of the word ‘family’ could
be extended to include same-sex partners. Thus the appeal
was allowed.
In this case, the golden rule was applied to ensure justice for
homosexuals when it came to rights related to family law. The Court
ensured that it doesn’t cross the line and infringe upon the area of
the legislature by using the literal rule.

Criticism of the Golden Rule of Interpretation

On the face of it, the golden rule of interpretation seems like a
good alternative to the literal rule. But as per many, it has its
shortcomings and sometimes these shortcomings might lead to
tragic results.

The first point of criticism comes from the definition of the

term ‘absurdity’. It is a vague concept. Also, what is absurd
depends on the person interpreting it. This leads to a lack of
uniformity while applying the already limited golden rule. Every
judge is different and is bound to interpret things differently.
The purpose of this rule is to bring uniformity by stating that
interpretation of the provisions of a statute should not deviate
from the intention of the legislation. This rule is to be applied
when the literal interpretation of the text produces ambiguous
or absurd results. This is where the problem lies. The absurdity
clause to some extent eliminates the uniformity provided by
the rule.

Second, the literal, golden and mischief rules are called rules
but are they really rule in the true sense of the word? Certainly
not. It is totally based on the discretion of the judges. Although
they’re called rules, none of them carries any authority
independently. The judges can choose not to follow the ‘rules’
when the need clearly exists. Also, they’re all different
solutions to the same problem. Thus, there is no hard and fast
rule as to which one to apply in the case at hand.

Third, due to the culmination of the above-mentioned reasons,

the golden rule acts as an excuse for the judge to deviate from
the guidelines. It allows the judge to make exceptions that do
not align well with the policy behind the Act but are based on
the social and political views of the judge. So the bias of the
judge can find a way to enter the scene through this power of
interpretation. For example, let’s take the prostitution case that
we discussed above. There is legislation banning the use of
cigarettes in public similar to the prostitution case. A case
arises before the Court and it has to now decide if the accused
is guilty of violating a particular Section of the statute. Now, if
the judge personally believes that smoking is not all that bad,
he could restrict the meaning of ‘streets’ in this case. Thus, the
application of the golden rule of interpretation is dependent on
the wisdom and integrity of the judges.

Conclusion
The golden rule of interpretation is one of the better ways to
strike a balance between statutory intent and evolving societal
needs. It was best described in the case of Fitzpatrick v.
Sterling Housing Association Limited, (1999), that there are
areas of law where a clear demarcation lies between the
judiciary and the legislature. When it comes to interpretation,
the intention of the legislature should always be kept in mind.
If a particular provision clearly mentions the parties concerned
with it, the judiciary for the sake of socio-legal development
expands its meaning unless the intention of the legislature
says so. The judiciary cannot cross that line and perform the
functions of the legislature.

Due to the possibility of errors in interpretation, the golden rule

is not a perfect tool. It cannot always be used to eliminate
absurdities in the plain meaning of the statute. Due to this,
several jurists have come up with their own procedure of
application of the rule to make it more efficient. The rule has
been used and modified by judges in various cases for decades
and it is still in use to this date as it has stood the test of
time.

MISCHIEF RULE

One of the ways to interpret laws or statutes is through the mischief rule, also
called the Heydon's Rule or Rule in Heydon's Case, which is utilized in
various common law regions such as the UK and India. The rule aims to
uncover the reason and objective behind a statue's creation. Its purpose is to
aid judges in determining the "mischief" or issue that the legislation was
meant to solve and understand the statute in a manner that meets the
legislative intent.

The main intention of the rule is to nd out the mischief and defect that the
statute in question has set out to remedy, and what ruling would implement
this remedy effectively.

Consideration is to be given to four things for the proper interpretation of all

statutes, whether they be bene cial, penal, restrictive, or enlarging of
common law, as stipulated in Heyden's case.
1. What was the common law before the Act was made?
2. What were the mischief and defect for which there was no remedy?
3. What remedy the legislature proposed to cure the disease?
4. The true reason behind the remedy.

Process of Applying the Mischief Rule

To clarify, the process for applying the mischief rule is as follows:
Identify the Statute: To begin with, you need to identify which statute or law
is needing interpretation.
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Examine the Mischief: "The problem of mischief" should be examined under
the mischief rule, which entails examining the legal dilemma that the statute
sought to address. To accomplish this, the lawmakers' intention for the law
must be evaluated. Prior to the statute's adoption, what was the legal
predicament or problem that needed resolution?

Identify the Remedy: Identifying the remedy is crucial. It involves uncovering

the intended solution provided by the legislature for the issue at hand.

Interpretation: In a bid to forward the remedy proposed by the legislature,

the rule instructs the interpreter to decipher the statute, implying that the
judge must scrutinize the statute while keeping the issue it aims to solve in
mind.

Avoid Going Beyond the Mischief: Judges who turn to the mischief rule
should exercise caution in their interpretation so as to refrain from exceeding
the bounds of necessity when addressing the problem at hand. Rather than
encompassing wider or unforeseen implications, it strictly targets the narrow
concern which the legislature was addressing.

Arriving at a more purposive and equitable interpretation is the aim of the

mischief rule. This is achieved by focusing on the reason behind the statute's
enactment, especially when the language is ambiguous or clari cation is
needed. To do so, judges rely on the historical context and the problem the
legislature aimed to solve. This approach can prove particularly useful in
ensuring that the intention of the legislature is upheld.

Judicial interpreters use a variety of methods, including the mischief rule, to

interpret statutes. However, the golden rule, literal rule, and purposive
approach may be employed depending on the situation and the law's
legislative intention.

Explanation:
An illustration of the mischief rule can be observed in the case of Smith v.
Hughes (1960), which is a well-known instance in the realm of English law.
The inquiry at hand was whether a street prostitute, the defendant, could be
convicted of soliciting with the intention of prostitution. As per the Street
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Offences Act, 1959, it was against the law for a regular prostitute to linger or
entice in a public place or street for the objective of prostitution.

In this case:
Identify the Statute: The Street Offences Act of 1959 was the statute that
should be identi ed.

Examine the Mischief: The solicitation of prostitutes on the streets was the
"mischief" that the statute aimed to address. It was deemed a public nuisance
and moral concern. The legislature's goal was to regulate and control such
activities.

Identify the Remedy: In public places, prostitutes are not allowed to solicit as
per the legislature's intended remedy.

Interpretation: Applying the mischief rule, the court made its interpretation by
taking into consideration both the issue and the intended solution. The crux of
the matter revolved around whether the defendant's actions, although
happening indoors, were targeted towards the passersby outside, thereby
creating confusion as to whether it came within the scope of the statute.

Ultimately, the court's ruling held the defendant as culpable under the Act, as
the judge concluded that the statute's primary aim was to address the more
extensive problem of solicitation in public areas. The defendant's activities,
though conducted domestically, nevertheless pursued the same malevolent
goals that the statute attempted to prevent.

Avoid Going Beyond the Mischief: The court aligned its interpretation with
the intended solution, rather than overextending beyond the issue at hand.
This prevented unnecessary complications.

By examining the underlying issue that a law intended to x and interpreting it

in a manner that aligns with the intent of those who drafted it, the mischief
rule can be employed to decipher a statute. Despite its wording not
necessarily being applicable to particular scenarios, the legislation's primary
objective must be met, as demonstrated in the Smith v. Hughes ruling.

Court Judgments:
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In the case of Novartis Ag v. Union of India (2013) 6 SCC 1: AIR 2013 SC
1311, the court stated that the most effective means of ascertaining the
meaning and intent of a statute is through the mischief rule. For patent law in
India, this ruling is especially signi cant.

In the case of British Airways Plc v. Union of India (2002) 2 SCC 95: AIR
2002 SC 391, the Supreme Court observed that advancing the remedy and
suppressing the mischief is what the court's duty is.

In the case of K.S. Paripooran v. State of Kerala, AIR 1995 SC 1012, it was
held by the court that when interpreting provisions of law, it is important for
the court to determine the pre-existing law, identify any issues or aws in that
law, and understand Parliament's intentions for addressing the situation.
Legislation, especially if enacted to prevent social mischief, is typically
interpreted to bene t the general public.

Conclusion
In legal decision-making, the mischief rule of interpretation proves to be a
valuable asset, providing judges with the means to deduce and apply the
accurate intention and objective of legislation. By going beyond the literal text
of a statute and instead focusing on the historical context, purpose of the law,
and legislative correction proposed, judges can arrive at interpretations that
coincide with the legislature's overarching ambitions.

Adopting this strategy guarantees that the law serves its purpose, especially
in situations where the wording of the statute is insuf cient to account for
every given situation, ultimately encouraging a fair, just and effective
operation of the legal system.

Harmonious Construction
According to this rule of interpretation, when two or more
provisions of the same statute are repugnant to each other,
then in such a situation the court, if possible, will try to
construe the provisions in such a manner as to give effect to
both the provisions by maintaining harmony between the two.
The question that the two provisions of the same statute are
overlapping or mutually exclusive may be difficult to
determine.
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The legislature clarifies its intention through the words used in
the provision of the statute. So, here the basic principle of
harmonious construction is that the legislature could not have
tried to contradict itself. In the cases of interpretation of the
Constitution, the rule of harmonious construction is applied
many times.

It can be assumed that if the legislature has intended to give

something by one, it would not intend to take it away with the
other hand as both the provisions have been framed by the
legislature and absorbed the equal force of law. One provision
of the same act cannot make the other provision useless. Thus,
in no circumstances, the legislature can be expected to
contradict itself.

Cases –

Ishwari Khaitan Sugar Mills v. State of Uttar Pradesh, in

this case, the State Government proposed to acquire sugar
industries under U.P Sugar Undertakings (Acquisition) Act,
1971. This was challenged on the ground that these sugar
industries were declared to be a controlled one by the union
under Industries (Development and Regulation) Act,
1951. And accordingly, the state did not have the power of
acquisition of requisition of property which was under the
control of the union. The Supreme Court held that the power of
acquisition was not occupied by Industries (Development
and Regulation) Act, 1951. The state had a separate
power under Entry 42 List III.

M.S.M Sharma v. Krishna Sinha, AIR 1959 SC 395.

Facts of the case are as follows- Article 19(1)(a) of the

Constitution provides for freedom of speech and
expression. Article 194(3) provides to the Parliament for
punishing for its contempt and it is known as the Parliamentary
Privilege. In this case, an editor of a newspaper published the
word -for- word record of the proceedings of the Parliament
including those portions which were expunged from the record.
He was called for the breach of parliamentary privilege.

He contended that he had a fundamental right to speech and

expression. It was held by the court that article 19(1)
(a) itself talks about reasonable freedom and therefore
freedom of speech and expression shall pertain only to those
portions which have not been expunged on the record but not
beyond that.

Conclusion for all

Every nation has its own judicial system, the purpose of which
to grant justice to all. The court aims to interpret the law in
such a manner that every citizen is ensured justice to all. To
ensure justice to all the concept of canons of interpretation was
expounded. These are the rules which are evolved for
determining the real intention of the legislature.

It is not necessary that the words used in a statute are always

clear, explicit and unambiguous and thus, in such cases it is
very essential for courts to determine a clear and explicit
meaning of the words or phrases used by the legislature and at
the same time remove all the doubts if any. Hence, all the rules
mentioned in the article are important for providing justice.