Tuesday, July 14, 2020

Rule of Expressio Unius Est Exclusio Alterius

The rule means that 'items not expressly included in the list are deemed to be excluded' that is what the statute does not mention, is not covered by it. It has to be judged from the language of the statute whether an item has been willfully left out or it has happened due to inadvertence. An inclusive list would be so defined by the use of terms like 'includes', 'and', 'also' etc.
The method of construction according to this maxim must be carefully watched. The failure to make the 'expressio' complete may arise from accident. Similarly, it is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. The maxim ought not to be applied when its application leads to inconsistency or injustice.
Similarly, it can not be applied when the language of the statute is plain with clear meaning [Parbhani Transport Co-Operative Society Limited v. Regional Transport Authority, AIR 1960 SC 801].
It means express mention of one thing excludes all others. It indicates that items not on the list are assumed not to be covered by the statutes. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. This is an aid to construction of statutes.

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