Interpretation of Word ‘Or’ and ‘And’ - Indian Laws - General

Interpretation of Word Or and And - It is a well-established principle of statutory interpretation that the word or is normally disjunctive and the word and is normally conjunctive. Both of them can be read as vice-versa, but that interpretation is adopted only where the intention of the legislature is manifest. Justice G.P. Singh in the Principles of Statutory Interpretation (Thirteenth Edition 2012) page 485 has stated as follows: The word or is normally disjunctive and and is normally conjunctive but at time they are read as vice versa to give effect to the manifest intention of the Legislature as disclosed from the context. As stated by SCRUTTON, L.J.: You do sometimes read or as and and in a statute. But you do not do it unless you are obliged because or does not generally mean and and and does not generally mean or . And as pointed out by LORD HALSBURY the reading of or as and is not to be resorted to, unless some other part of the same statute or the clear intention of it requires that to be done . Where provision is clear and unambiguous the word or cannot be read as and by applying the principle of reading down. But if the literal reading of the words produces an unintelligible or absurd, result and may be read for or and or for and even though the result of so modifying the words is less favourable to the subject provided that the intention of the Legislature is otherwise quite clear. Conversely if reading of and and or produces grammatical distortion and makes no sense of the portion following and , or cannot be read in place of and . The alternatives joined by or need not always be mutually exclusive. [CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCES ANR. VERSUS BIKARTAN DAS ORS. - 2023 (8) TMI 1425 - SUPREME COURT ]