RULE OF EJUSDEM OF GENERIS :
When particular words pertaining to a class, category or genus are followed by general
words, the general words are construed as limited things of the same kind as those specified.
This rule which is known as the rule of ejusdem generis reflects an attempt “to reconcile
incompatibility between the specific and general words in view of the other rules of interpretation
that all words in a statute are given effect if possible, that a statute is to be construed as a whole
and that no words in a statute are presumed to be superfluous.
By application of this rule the words ‘any other goods’ occurring in Section 43 of the
Customs (Consolidation) Act, 1876 which empowered His Majesty by order in Council to prohibit
the importation of ‘arms, ammunition, or gum power or any other goods’ were construed as
referring to goods similar to ‘arms, ammunition or gun power’.
On the same principles the Privy Council held that the words, ‘any other sufficient
reason’ occurring in Rule 1 of Order 47, Civil Procedure Code 1908, must be taken as meaning
a reason sufficient on the grounds at least analogous to those specified immediately previously,
and similarly the phrase ‘further and other relief’ occurring in section 92(1)(h) of the code was
held by the privy council to mean relief of the same nature as specified in clauses (a) to (g) of
the same section.
It is essential for application of the ejusdem generis rule that enumerated things before
the general words must constitute a category or a genus or a family which admits of a number
of species or members.
If the preceding words do not constitute mere specifications of a genus but constitute
description of a complete genus, the rule has no application. In a policy of insurance, the
insurers were given an option to terminate the policy if they so desired ‘by reason of such
change or from any other cause whatever; the words ‘by reason of such change’ in the context
referred to any and every act done to the insured property whereby the risk of fire was
increased; the privy council in these circumstances refused to construe the words ‘or from any
other cause whatever’ by the rule of ejusdem generis.
The rule of ejusdem generis has to be applied with care and caution. It is not an
inviolable rule of law, but it is only permissible inference in the absence of an indication to the
contrary, and where context and object and mischief of the enactment do not require restricted
meaning to be attached to words of general import, it becomes the duty of the courts to give
those words their plain and ordinary meaning.
When particular words pertaining to a class, category or genus are followed by general
words, the general words are construed as limited things of the same kind as those specified.
This rule which is known as the rule of ejusdem generis reflects an attempt “to reconcile
incompatibility between the specific and general words in view of the other rules of interpretation
that all words in a statute are given effect if possible, that a statute is to be construed as a whole
and that no words in a statute are presumed to be superfluous.
By application of this rule the words ‘any other goods’ occurring in Section 43 of the
Customs (Consolidation) Act, 1876 which empowered His Majesty by order in Council to prohibit
the importation of ‘arms, ammunition, or gum power or any other goods’ were construed as
referring to goods similar to ‘arms, ammunition or gun power’.
On the same principles the Privy Council held that the words, ‘any other sufficient
reason’ occurring in Rule 1 of Order 47, Civil Procedure Code 1908, must be taken as meaning
a reason sufficient on the grounds at least analogous to those specified immediately previously,
and similarly the phrase ‘further and other relief’ occurring in section 92(1)(h) of the code was
held by the privy council to mean relief of the same nature as specified in clauses (a) to (g) of
the same section.
It is essential for application of the ejusdem generis rule that enumerated things before
the general words must constitute a category or a genus or a family which admits of a number
of species or members.
If the preceding words do not constitute mere specifications of a genus but constitute
description of a complete genus, the rule has no application. In a policy of insurance, the
insurers were given an option to terminate the policy if they so desired ‘by reason of such
change or from any other cause whatever; the words ‘by reason of such change’ in the context
referred to any and every act done to the insured property whereby the risk of fire was
increased; the privy council in these circumstances refused to construe the words ‘or from any
other cause whatever’ by the rule of ejusdem generis.
The rule of ejusdem generis has to be applied with care and caution. It is not an
inviolable rule of law, but it is only permissible inference in the absence of an indication to the
contrary, and where context and object and mischief of the enactment do not require restricted
meaning to be attached to words of general import, it becomes the duty of the courts to give
those words their plain and ordinary meaning.
