Learning the Ropes of Tatparya: Revival of the Mimansa Rules of Interpretation

Abstract

Abstract The primary task of the judiciary while interpreting the statute is to ascertain the true intention of the legislature. Maxwell on the interpretation of Statutes, setting out the principles evolved by the English Courts, is of immense help in the interpretation of statutes. An indigenous alternative that has been used by the Indian judiciary time and again is the Mimansa Rules which are the traditional rules of interpretation laid down by Jaimini to interpret Brahmanas. Despite dating back to the 5th century BC, these principles are considered scientific to an extent that they can be used to interpret the modern statutes and judgments. The Indian judiciary has adopted the principles of Mimansa to adjudicate several disputes about statutory interpretation. In light of these judgments, the researcher examines the scientific nature and application of the Mimansa Rules of Interpretation in contemporary times in parallel with the Maxwell’s Principles.