Ejusdem generis - Of the same kind or nature.
Ejusdem Generis
Meaning:
Ejusdem Generis is a Latin phrase meaning:
"Of the same kind or nature."
What is the Doctrine of Ejusdem Generis?
The doctrine of Ejusdem Generis is a rule of statutory and contractual interpretation. When a general word or phrase follows a list of specific words or things, the general word is interpreted to include only items of the same kind, class, or nature as the specific words.
Why is Ejusdem Generis Used?
To avoid over-broad interpretation of general words.
To ensure that general terms are read in the context of the specific words that precede them.
To give effect to the legislative or contractual intent by limiting the scope of general words.
How Does It Work?
If a law or contract lists specific things and then adds a general term, the general term is restricted to things of the same type as the listed specific items.
Example:
Consider a legal provision or contract clause that says:
"This act applies to cars, trucks, motorcycles, bicycles, and other vehicles."
Here, "other vehicles" would be interpreted using Ejusdem Generis to mean vehicles of the same kind as the listed ones (cars, trucks, motorcycles, bicycles).
It would not include something fundamentally different, like airplanes or boats, unless the context clearly intends that.
Application in Statutory Interpretation
When a statute contains:
A list of specific items (e.g., types of property, crimes, goods)
Followed by a general term (e.g., "other property," "other crimes," "other goods")
The general term will be limited to those of the same kind or class as those specified.
Key Elements of Ejusdem Generis:
There must be a list of specific words.
The list must be followed by a general word or phrase.
The general word is interpreted in light of the specific list.
The general word includes only things similar in nature or character.
Ejusdem Generis vs. Other Rules of Interpretation
Noscitur a sociis: Meaning “a word is known by the company it keeps.” It looks at words surrounding a particular word to understand its meaning.
Expressio unius est exclusio alterius: “The expression of one thing excludes another.” If something is expressly mentioned, others are excluded.
Ejusdem generis focuses specifically on limiting general words following specific ones.
Leading Case Law in India
1. Rajasthan State Electricity Board v. Mohan Lal Gupta, AIR 1967 SC 1857
The Supreme Court applied the Ejusdem Generis rule while interpreting statutory language.
It held that general terms must be limited to the same kind or nature as specific items mentioned.
2. Union of India v. Godfrey Philips India Ltd., AIR 1989 SC 1360
The Court applied Ejusdem Generis in interpreting a tax statute, ruling that general words following a list should be read as of the same kind.
3. Collector of Central Excise v. Larsen & Toubro Ltd., AIR 2007 SC 748
The Court applied the doctrine to limit the scope of a general phrase following specific descriptions in a statute.
Practical Illustration
Statutory Clause:
“Prohibited items include guns, pistols, rifles, and other firearms.”
Ejusdem Generis restricts "other firearms" to things similar to guns, pistols, rifles (i.e., weapons that shoot bullets).
It would likely exclude non-firearm weapons like swords or knives.
Summary Table
| Aspect | Description |
|---|---|
| Latin Meaning | Of the same kind or nature |
| Purpose | To limit the scope of general words following specific ones |
| Application | Statutory interpretation, contract interpretation |
| Requirement | List of specific words + general word/phrase |
| Effect | General words limited to same class as specifics |
| Key Cases | Rajasthan State Electricity Board v. Mohan Lal Gupta, Union of India v. Godfrey Philips |
Conclusion
The Ejusdem Generis rule helps courts and arbitrators interpret ambiguous or broad language in laws and contracts by ensuring that general terms are read narrowly and consistently with specific terms. This preserves the intention behind the language and prevents unintended overreach.
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