Explain the rule of interpretation “Generalia specialibus non derogant” Also state the limitations of this rule.

CA Intermediate · Corporate and Other Laws · MTP · May 2026
Explain the rule of interpretation “Generalia specialibus non derogant” Also state the limitations of this rule.

Suggested Answer and Working Notes:

It is a basic rule of interpretation that if it is possible to avoid a conflict between two provisions on a proper construction thereof, then it is the duty of the court to so construe them that they are in harmony with each other. However, where it is not possible to reconcile the two provisions and give effect to both, the conflict may be resolved by treating one provision as an exception or a specific rule to the other. In such cases, the specific provision prevails over the general provision. This principle is usually expressed by the maxim, “generalia specialibus non derogant”. Limitations of the Rule: This rule can be applied only when there is a real and not merely apparent conflict between provisions. Where the language of the statute is clear and unambiguous and admits of only one meaning, such natural meaning will prevail. The court shall not attempt an interpretation based on equity and harmonious construction.

Topics: Interpretation of Statutes

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic