Interpretation2 Mimansa Rules of Construction.pptx

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1. Mimansa Rules of Construction

2. Jaimini`s,sutras .(interpretation) Jaymini`sustras were meant to serve a dual purpose ,first enumeration of general principles and second, interpretation of specific vedic texts.The sutras are brief but very inteligible ,several commentaries have been written on memansa The most important on it are of bhgawan upavarasa , subras wami,kumarila , Batta,Guru prabhakara and madavaharya . The subject of mimansa is discussed under various Adhikarana.Adhikaran is the process of establishing principles,Kumarila and Bhatta explains The test under consideration ,the ,the doubt concerning it.The first side, the other side or answer and the conclusion , all these constitute an athikarana.This is the process through which a principles are established.these rules rules should be applied and preferred in the order in which they have been given and the latter rule should be resorted to only one hen the former rule or rules fail to interpret a text properly .THIS MEANS OTHER WORDS that if provision that the Sruthi rule of construction is not helpful ie.if the meaning of the given provision is ambiguous ,then the interpreter should have recourse to the rule of Linga .if the meaning is of the provision cannot be ascertained from the first two methods to ie.rearanging the sentence to give effect to the real purpose of the rules without hich it would be unworkable prakarana should be followed only as a last resort- nIsha means presuposes a command .

3. Principles regarding application of text. The rules regarding the application of texts are four in number THESE are 1.the principle to determine the oblicatory ,quasi-obligatory an non obligatory nature of text The adikar ( vidhi ) principle(positive command) 3.principles of adaptation or uha vichar (reasoning) Vidhi means the texts which contains a positive command viz.a direction to to do particular act.these texts on injunctions have again been sub divided in various classes on the basis of the element of command in them.But it is here is not posible to dicuss these sub divisions. Nishedha the meaning of it a presupposes a commanding them..IT IS IN THE NEGATIVE FORM

4. Interpretation laid down by Jaimini . The important principles which are Elementary are laid down by Jaimini are: 1.sarthakya( the principle that every word and sentence must have some meaning) 2.Laghva(the principle ment that where one rule or propositions should suffice ,more must not be assumed.) 3. Arthaikatva (It means that there should be consistency in the meaning given to the same word in in deferent context) 4.Gunapradhan(the principle of this rule is that if a word or sentence in a provision need to express a subordinate idea is in conflict with the principal idea of the rule. The for mer - should be canceled with the latter or it should be discarded.Jaimini laid down this rule meteriely and precisely. This means that when a Cuma Sruthi (subsidiary clause ) is in conflict with smruti (principal clause.) 5.samanjasya ^. Vikalpa ( imposible ) Vidhi ( tex which contain command)text contains positive command) .

5. Jimin's Sarthakya principles it means that every word and sententence must have some meaning and purpose.jaimini applied this principle and stated that commentary words used in a vidhi have a meaning and purpose.as make imlicit in the rule and there fore cannot be ignored.The fault of an interpretation reterring apart of provision redundant and otiosewas termed anarthakya dosha.this principle is also primary or literal rule of construction in modern times.Maxwell said A construction which would have without effect any part of the language of a statute will normally be rejected.

6. Arathaikatava principles It means that there should be consistency in the in the meaning given to the same in different context .the principle is found tobe a good rule of interpretation morden jurisprudene.Maxwellsaid ,it isin all events reasonable to presume that the same expression in every part of the Act Laghva principles.this principle meant that where one rule or proposition would susuffice more must not be assumed .

7. Guna pradhana principle The principle of this rule is that the a word or sentence in a provision used to express a subordinate idea is in conflict with the idea of the rule. The first one should reconciled with the later or should be discarded.Jaimini laid down this rule tersely and precisely this means when guna shurti (subsidiary clause is ib =n conflict with guna sruti Sruthi(subsidiary clause )is in conflict with a mukhya (principal clause )prevails Samanjasya This rules means that as far as possible all the clause of a text should be construed hurmaneously.all clauses other than the clause which laid down the principal idea .in other words the clause which lays down the principle should be understood as having been used to give full effect to the principal idea .other word ,it means that ofny when samnjasya is impossible, having regarded to the plain meaning of the words in the subsidiary clause should be discarded. Unless it be in the nature of a proviso in which the event it should be given effect to in respect of matters covered. By the proviso,

8. Vikalpa principle It means that in cases where t is impossible to reconcile the two conflicting provision in which event any of them may be given effect to .this rule naturally applied to a case where Samanjasya rule failed. However both the rules naturally applied ro a case where the Samenjasya and vikalpa are well accepted rules of modern interpretation.

9. General principles of construction. There are six general rule of construction for understanding the real meaning of a provision These are six general rules of construction for understanding the real meaning of a provisions ,these are :shruti,((direct assertion),Linga,(indicative) power), Vakya ( synthatical , prakarana (context),stanza,(place), samakya (name) Struthi or direct assertion meaning of a sentence is understood on mere hearing of it is not open to any interpretation. That meaning must be given effect to.this rule is the first fundamental rule of construction propounded by mimansa and is also the basic rule of construction in modern times. Maxwell pointed out that where ,by the use of clear and equivocal language capable of only meaning ,any thing is enacted by the legislature .It must be enforced ,however harsh or absurd or contrary to common sense the result may be.

10. Linga indicative (POWER) The rules means that when meaning of the sentence is understood on mere hereing of it.i is not open to any interpretation in general rule states that when word or expression used in a provision has more than one meaning its correct meaning has been ascertained by the context. in which that word has been pseudovacua or synthetical connection this means that where words and sentences or clause makes no complete sense able proposition PreKArana or context this rules a sentence or clause makes no complete sense by itself, however clear its meaning and grammatical composition may be the meaning of such a sentence or clause should be ascertained by reading it with some other pledge with which coalesces, having the due regeared to the on text in which such a clause or sentence is sedates rules should be applied and preferred in order in which they have been given and a latter rule shood be applied and preferred in in the order in which it coalesces having due regard the context in which such a clause or sentence is used. Uha -( resoning )

11. Elementary principles of mimansa - by Jaimini 1.sarthakya principle Thse principle means that every words and sentences must have some meaning and purpose. Jaimini applied the principle and stated that commendatory words used in a Vidhi have a meaning and purpose ,as they make explicit in the rule and therefore cannot be ignored. The fault of an interpretation rendering a part of the provision redundant an .This principle is also the primary or literal rule of construction in modern times .Maxwell said, A construction which would leave without effect any part of the language of a statute will normally be rejected . 2.laghava principle This principle meant that where one rule or proposition would suffice ,more must not be Arthaikatva principle It means that there should be consistency in the meaning given to the same word in different contexts .the principle is found be a good rule of interpretation in modern jurisprudence .Maxwell said `it is in all events reasonable to presume that same meaning is implied by the use of the same expressional very part of the Act. . .

12. Guna Pradhan principle principal rule is that if a word or sentence in provision used to express a subordinate idea in confect with principal idia of the rule, the former should be reconcile with the law or it should be discarded.jaimini laid down this principle purposely and precisely .this means that when a Guna Shruthi subsidiary clause )itis in conflict with a mukhiya strutty (Principal clause ),the principal clause prevails. Sanjaya principle THIS Rules means that as far as possible ,all the closes of a text should be construed harmoniously .All clauses ,other than the clause which lays down the principle ,should be understood as having been used to give full effete to the principal idea.in other words ,it means that only when Sanjaya (harmonious) construction IS Impossible., having regard to the plain meaning of the words in the subsidiary clause ,the rule of Guna Pradhan should be applied and the subsidiary clause should be discarded ,unless it be the nature of a proviso ,in, which even it should be given effect to, in respect of matters covered by the proviso. Vikalps a principle it means that cases where it is (impossible) to reconcile the two conflicting provisions ,any one ofhem may be given to effect to .this rule naturally applied to a case when the Saman Jasa rule failed .However both rules ie sannyasa and vikalpa ( imposible were well accepted rules of modern construction, interpretation.

13. General principles of construction THHERE ARE SIX GENERAL rules of construction for understood on mere hearing These are Sruthi(ASSERTION) this rules means rule of construction for understanding Linga (Indicative POWER) VAKYA (SYSTAMATICAL CONSTRUCTIN) PRAKARANA(CONTEXT) Stana (place or order) and samakhya (name)