RESEARCH METHODOLGY

The research methodology used in this project is analytical and descriptive. Data

has been collected from various books, materials, papers and web sources.

This project is based on Non-Doctrinal method of research. This project has been

done after thorough research based on intrinsic and extrinsic aspects of project.

Research Question

1. To understand the concept of beneficial construction and judicial interpretation?

2. To critically study the concept of beneficial construction?

Objective of the research

1. To analyse Elements of Beneficial Construction

2. Judicial Decisions and the Interpretation Of Beneficial Construction In the Eyes Of Law

3. A critical analysis of Disadvantages of Beneficial Construction

4. The application of beneficial legislation in foreign countries

Abstract

In this particular project the author discusses the various aspects of beneficial construction
concerned with legislative intent, He also tries to answer what is the role and need for beneficial
construction and discusses various case laws relating to beneficial construction and gives the
readers the understanding of the role of beneficial legislation in a modern welfare state and how
beneficial legislaton has played an important role in promoting equality and social justice.
Introduction

Beneficial construction rule has been closely associated with harmonious construction for the
purpose of interpretation of statue, It is particularly concerned with providing individual with
benefits, the courts are interested with the responsibility of applying this doctrine towards the
person who is in desperate need of this particular provision, Normally It is interpreted broader
sense. Judges use a generous form of interpretation when it comes to these cases1. It is used in
the context where a person who deserves justice was denied of it due to the circumstances in
such a case this provision is used to rectify that defect2.

Elements of Beneficial Construction

Beneficial construction includes providing the broadest sense applicable to the statue3. If there
are two or more probable ways of interpreting a section or a word the sense which gives more
benefit to the aggrieved party should be given preference when it comes to beneficial
construction. At the same time it should be important that it should be done bearing in mind
motive of the law makers4. Even though beneficial legislation is intended to get broader sense,
the duty of the court remain in the true sense. There is no set of basic convention as to how
beneficial legislation should always be considered in a retrospective operation and also the
language used in a particular beneficial legislation should be given its prime Importance. The
liberal interpretation can be taken only in the account of the language used in the particular
statute5 and not judges own interpretation.

1
Single- and Multiple-Rule Theories of Judicial Reasoning Author(s): DAVID GERBER Source: ARSP: Archiv für
Rechts- und Sozialphilosophie / Archives for Philosophy of Law and Social Philosophy, Vol. 60, No. 1 (1974), pp.
53-77 Published by: Franz Steiner Verlag Stable URL: https://www.jstor.org/stable/23678904 Accessed: 12-10-
2018 08:18 UTC
2
The Nature of Judicial Reasoning Author(s): Edward H. Levi Source: The University of Chicago Law Review,
Vol. 32, No. 3 (Spring, 1965), pp. 395-409 Published by: The University of Chicago Law Review Stable URL:
https://www.jstor.org/stable/1598649 Accessed: 12-10-2018 13:04 UTC
3
Indian Judicial Reasoning and Transnational Law Author(s): S. K. AGRAWALA Source: Archiv des Völkerrechts,
22. Bd., No. 1, INDIEN UND DAS VÖLKERRECHT / INDIA AND INTERNATIONAL LAW (1984), pp. 1-21
Published by: Mohr Siebeck GmbH & Co. KG Stable URL: https://www.jstor.org/stable/40798071 Accessed: 12-
10-2018 13:07 UTC
4
Judicial Reasoning in the Southern Song Author(s): Geoffrey MacCormack Source: Journal of Song-Yuan Studies,
No. 41 (2011), pp. 107-189 Published by: Society for Song, Yuan, and Conquest Dynasty Studies Stable URL:
https://www.jstor.org/stable/23496209 Accessed: 12-10-2018 13:14 UTC
5
Judicial Reasoning in the Common Law and Code Law Systems Author(s): LYNDEL V. PROTT Source: ARSP:
Archiv für Rechts- und Sozialphilosophie / Archives for Philosophy of Law and Social Philosophy, Vol. 64, No. 3
Judicial Decisions and the Interpretation Of Beneficial Construction In the Eyes Of Law

There are more than hundred legislations which is brought under the ambit of beneficial
construction6 loss which are made with the intention of promoting the well-being of the society
as a whole and to counter social economic evils which is existing in the society as a result of
inequality beneficial construction is used7. In India there are many legislations which fall under
this category, the factories act and the industrial dispute act to name a few. In this type of
legislations often there are chances for two fold interpretation; in such a case the person who is
in a weaker position and desperately in need of justice should be given the benefit of such a
legislation that’s why it is primarily called beneficial construction or beneficial legislation. In the
case of Hindustan level Limited vs. Ashok Vishnu Kate8, The court took the view that when it
comes to unjust labour practice concerned with social welfare legislation the purpose of the
legislature should be given prime importance.

Social welfare legislations are intended to bring equality to the society and to bridge out income
gaps and to promote social justice, These are related to the concept of modern day welfare state
but changes in the directive state policy should not reflect on the decision made by the courts
Justice Krishna Iyer, While presiding in the case concerned with the agrarian reforms pointed out
that the role of judiciary is not that of a referee but also of a promoter of social justice. While
preceding over the case of Santram vs. Raginderll9, The supreme court is of the opinion that
social welfare legislation must be interpreted in a way keeping in mind the social economic
situation of the particular circumstances i.e. to give upliftment to the downtrodden people .
Further to that the court also added it should not just stick to grammatical interpretation but its

(1978), pp. 417-436 Published by: Franz Steiner Verlag Stable URL: https://www.jstor.org/stable/23679247
Accessed: 12-10-2018 13:30 UTC
6
Judicial Style and Judicial Reasoning in England and Germany Author(s): Basil Markesinis Source: The
Cambridge Law Journal, Vol. 59, No. 2 (Jul., 2000), pp. 294-309 Published by: Cambridge University Press on
behalf of Editorial Committee of the Cambridge Law Journal Stable URL: https://www.jstor.org/stable/4508676
Accessed: 12-10-2018 13:33 UTC
7
DO JUDGES HAVE AN OBLIGATION TO ENFORCE THE LAW?: MORAL RESPONSIBILITY AND
JUDICIAL-REASONING Author(s): ANTHONY R. REEVES Source: Law and Philosophy, Vol. 29, No. 2 (March
2010), pp. 159-187 Published by: Springer Stable URL: https://www.jstor.org/stable/27765874 Accessed: 12-10-
2018 13:36 UTC
8
1996 AIR 285, 1995 SCC (6) 326
9 1978 AIR 1601, 1979 SCR (1) 900
focus should be on welfare than mere literal construction when it comes to beneficial
construction. When it comes to social legislations like consumer protection act 1986 the
provisions should be treated liberally so as to give the deserving space to the aggrieved party
while dealing with a session of this act in a particular case the court observed that the parents of
the child who was admitted in the hospital and her parents can file two different suits in the same
matter because they are different entities seeking service from two different stand points. When
it comes to jurisdiction in this type of matters the determination of jurisdiction should be done in
a lenient sense unless it clearly specified by the legislator in that particular act, And whether the
court has jurisdiction or not should be treated as a secondary concern. In section 34 of arbitration
act does not have its relevance here10.

Industrial disputes act is one which comes under the ambit of social welfare legislation its
primary aim is to maintain a good relationship between the management and the labourers and
address their concern in a peaceful manner which will result in the economic development of the
country in general11.

We can also trace beneficial construction of a statue in the juvenile justice act 1986 act was
changed in order to make room for beneficial construction12. The new act was put in place in the
year 200013. In this particular act the age of the boys was modified to 16 and for girls was made
into 18. This particular question came before was raised in the court during the proceedings in
the case of Pratap Singh vs. State of Jharkandh14, The court read into the intention of the act
which was to give due care and proper consideration to the juvenile and making their life better
and giving them necessary assistance to make them into a proper law abiding citizen. And the
court also looked into the circumstances which led to the modification in the act15.

In the historic judgement of B Shah vs. Presiding Officer Labour Court16, The court used
beneficent rule of construction while dealing with section 5 of maternity benefit act, 196117
which makes it obligatory on the part of the employer to pay maternity benefit to the woman in
10
THE ARBITRATION AND CONCILIATION ACT, 1996
11
Industrial Disputes Act, 1947
12
The Juvenile Justice Act, 1986
13
Juvenile Justice (Care and Protection of Children) Act, 2000
14
15
Ibid.,
16
1978 AIR 12, 1978 SCR (1) 701
17
MATERNITY BENEFIT ACT, 1961
concern, During her medical leave owing to her pregnancy, The court came to this conclusion
keeping in mind article 42, another example of beneficial construction can be traced is in the
courts reading of section 123 of the railways act 1989 18 which is concerned with untoward
accident it included accidently tripping of a passenger from a train which is boarded with
passengers. The issue raised before the court was that the passenger who died will he be entitled
to recover the insurance which is eligible for untoward accident passengers.

It is important to keep in mind that the purpose of the law makers should not be defeated in the
case of beneficial construction. By using a contradiction in another section in the particular act
unless the provision is put through the procedure of law, this can be found in cases relating to
section 127 of the crpc19. This is the reason why Muslim women can claim maintenance under
the above said provision. The concept of beneficial construction can be taken into higher
pedestal when it is deemed necessary. This can be observed in the case of National Insurance Co.
Ltd., vs. Swam Singh20. In this particular case the apex court dealt with the issue of insurance
relating to motor vehicles act. The Supreme Court is of the opinion that the person who provides
compensation should be entrusted with the responsibility of burden of proof in respect of
whether the act was committed as a means to gain profit or it was a genuine accident. In a latest
case the Bangalore Turf Club Ltd., vs. Regional Director Of Employees State Insurance
Corporation21, The apex court is of the opinion that, The goal of beneficial construction is to take
side with the beneficiary.

A critical analysis of Disadvantages of Beneficial Construction

It is necessary to note it can be used only without destroying its basic essence, which is keeping
in mind the intention of the law makers. Judges are not bound to go by their personal preference
or opinions. In the case of Maruti Udyog22, Constitutional bench is of the opinion that, the
particular claim was tortious even though the act was intended to be a beneficial construction.
The Supreme Court in this particular case downplayed the rights of temporary employees. This

18
THE RAILWAYS ACT, 1989
19
Code of Criminal Procedure Act, 1973
20
1997 IVAD Delhi 709
21
2002 (95) FLR 1149
22
on 25 January, 2005
shows that the judges should not think outside the box and should always keep in mind the
intention of the law maker when it comes to beneficial legislation23.

The application of beneficial legislation in foreign countries

Australia- In the recent times has tried to recognize the rights of the traditional Aboriginal
population. For this purpose they have passed an act Aboriginal Land Rights act, 1983 24. Here
we can see the ample use of beneficial legislation its aim primarily is to improve the social and
economic position of Aboriginals who are considered to be the native population of Australia but
due to white domination and other circumstances they were not able to raise up to the same
spectrum as that of the white settlers In this situation the Australian government with the aim to
promote equilibrium and social justice had passed this particular act with a view to level the
playing field. In the United States, In the case of Hunningtell vs Artril25 The importance of
beneficial legislation was pointed out by the U.S supreme court in this case, the court dealt with
the question of discrimination, countering it using beneficial legislation26.

Conclusion

The courts should be aware of the responsibilities when putting into operation the doctrine of
beneficial construction it is at most responsibility of the courts to draw a bridge to promote
equality and justice, From the above discussion we can conclude that the primary duty of
beneficial construction is to promote equality and fight social economic injustice through the
scope of law at the same time judges should be aware that they should not override the intention
of the legislature while dealing with beneficial legislation. The advantage of beneficial
construction is that it provides a great remedy to the aggrieved party, Especially in todays world
where inequality is at all time high the role of beneficial construction in interpretation of statute
is ever needed to counter the thread of inequality and to promote social justice.

23
Fundamental Legal Conceptions as Applied in Judicial Reasoning Author(s): Wesley Newcomb Hohfeld Source:
The Yale Law Journal, Vol. 26, No. 8 (Jun., 1917), pp. 710-770 Published by: The Yale Law Journal Company, Inc.
Stable URL: https://www.jstor.org/stable/786270 Accessed: 12-10-2018 16:01 UTC
24
McNamara, Philip. “Aboriginal Land Rights Legislation in Australia.” Verfassung Und Recht in Übersee / Law
and Politics in Africa, Asia and Latin America, vol. 18, no. 4, 1985, pp. 463–473. JSTOR, JSTOR,
www.jstor.org/stable/43109499.
25
1893 ac 150
26
“Relitigation of Judgment Admitted under the Full Faith and Credit Clause.” The Yale Law Journal, vol. 43, no. 7,
1934, pp. 1184–1187. JSTOR, JSTOR, www.jstor.org/stable/791401.