Ejusdem Generis is a Latin legal maxim that means “of the same kind or nature.” It is a rule of statutory interpretation used when general words follow specific words in a statute. According to this principle, when a law lists specific classes of things and then refers to them in general terms, the general words are interpreted to include only things of the same kind as those specifically mentioned.
The purpose of this rule is to prevent general words from being interpreted in an overly broad or unintended way. It ensures that the scope of the general term is limited by the context provided by the specific terms that precede it.
This rule applies only when:
- The statute contains an enumeration of specific words, followed by general words;
- The specific words form a distinct class or category;
- There is no indication that the legislature intended a wider interpretation.
Application:
Courts use ejusdem generis to ensure that legislative intent is respected and that general terms do not override the meaning or scope of the specific words. It is a tool for controlled interpretation, especially useful when the general word could apply to many unrelated things.
However, if the intention of the legislature appears to be broader, or the specific terms are not of the same category, this rule may not apply.
Example:
If a law refers to “cars, trucks, tractors, and other vehicles,” the phrase “other vehicles” would be interpreted to include only vehicles similar to cars, trucks, or tractors, i.e., land-based motor vehicles, and not airplanes or boats. The general word “other vehicles” takes its meaning from the specific items listed before it.
Judicial Position:
In Jage Ram v. State of Haryana (1971), the Supreme Court of India applied the principle of ejusdem generis and held that general words following specific words should be interpreted in the context of the specific class or category, unless there is a clear intention to the contrary.
Code to Remember the Answer: “SAME”
Letter | Stands For | Explanation |
---|---|---|
S | Specific to General | General words follow specific ones in a list. |
A | Alike in Nature | General terms are limited to things of the same kind as the specific ones. |
M | Meaning from Context | Interpretation is controlled by the context of specific words. |
E | Exception if Intent Differs | Rule does not apply if a broader legislative intent is clearly shown. |