EJUSDEM GENERIS in Descriptive Way-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

EJUSDEM GENERIS in Descriptive Way-

Tanmoy Mukherji

Advocate

1. MEANING-

Ejusdem Generis is a rule of statutory interpretation. When general words follow the enumeration of specific items, the general words are construed to include only things of the same kind or class as those specifically mentioned.

2. HOW IT WORKS-

3. SIMPLE EXAMPLE

Statute: "Cars, buses, trucks, tractors and other vehicles are prohibited in the park."

INCLUDED (Same Class): Vans, Jeeps, Motor vehicles, etc.

NOT INCLUDED (Different Class): Airplanes, Boats, Ships, etc.

4. DIAGRAM OF THE RULE-

5. CONDITIONS FOR APPLYING EJUSDEM GENERIS-

Enumeration of Specific Words: There must be specific words in the statute.

Specific Words Must Form a Class: The listed words must belong to one identifiable category.

General Words Must Follow Specific Words: The general terms should come after the specific terms.

Legislative Intention Must Not Be Different: The intention of the legislature must not be to give a wider meaning.

Category Must Not Be Exhausted: The specific words should not cover the entire class.

6. APPLICATION-

Step 1: Identify specific words in the statute.

Step 2: Determine the common category or genus.

Step 3: Look at the general words that follow.

Step 4: Restrict general words to the same category.

Step 5: Interpret the provision accordingly.

7. IMPORTANT CASE LAWS-

8. MORE EXAMPLES-

Example 1: Provision: "Pen, pencil, eraser and other articles."

Genus: Stationery items.

Included (Same Kind): Sharpener, Scale, Geometry box.

Excluded (Different Kind): Mobile phone, Chair.

Example 2: Provision: "Gold, silver, diamond and other valuable items."

Genus: Precious valuables/jewellery.

Included (Same Kind): Platinum, Pearls, Gemstones.

Excluded (Different Kind): Land, Building.

9. WHEN IT DOES NOT APPLY-

No Common Class Exists: Example: "Books, chairs, laptops and other things." (No single category)

Legislative Intention is Broad: If the statute clearly intends a wide interpretation, the rule will not apply.

Specific Words Exhaust the Class: If all items of that class are already included, general words add nothing.

10. COMPARISON-

BASIS	EJUSDEM GENERIS	NOSCITUR A SOCIIS
Meaning	Of the same kind	Known by its associates
Requirement	Specific words + General words	Words associated together
Purpose	Restrict general words	Understand the meaning of a word
Scope	Narrower	Broader
Principle	General words limited by specific words	Meaning derived from surrounding words

11. ADVANTAGES-

→Prevents over-expansion of meaning.

→Protects legislative intent.

→Ensures consistency and certainty.

12. CRITICISM-

→Sometimes too restrictive.

→Difficult to determine the genus.

→May defeat welfare legislation.

13. CONCLUSION-

Ejusdem Generis means that when general words follow specific words, the general words are interpreted to include only things of the same nature as the specific words mentioned earlier.