Contemporanea Expositio Est Optima et Fortissima in lege –
Meaning of the Maxim
“Contemporanea Expositio Est Optima et Fortissima in lege” is a Latin legal maxim that means:
“The contemporaneous exposition (interpretation) is the best and strongest evidence of the law.”
Explanation:
This maxim suggests that the best evidence to interpret a law or statute is how it was understood and applied at the time it was enacted or came into force.
The interpretation or application of a statute by the authorities or officials who enacted or first implemented it (contemporaneous construction) carries great weight.
If the legislature, government officials, or courts at the time of the law’s enactment consistently understood a provision in a certain way, that interpretation is given strong consideration.
It helps avoid retrospective or speculative interpretations that were never intended by the law-maker.
Why is this maxim important?
Laws are sometimes ambiguous or open to multiple interpretations.
By looking at how the law was understood at the time it was created, courts can preserve the original intent.
This prevents arbitrary or modern-day reinterpretations that might distort the law.
Application of the Maxim
Used especially in statutory interpretation.
Helps when there is no clear text or when ambiguity arises.
The contemporaneous acts, explanations, government circulars, notifications, and administrative practices can be examined.
Relevant Case Law
1. Ratanlal & Dhirajlal on Interpretation of Statutes (Authoritative Textbook)
Though not a case, this text explains that contemporaneous construction by those who administer the law is strong evidence of the legislature’s intention.
If a particular interpretation has been followed consistently without objection, it supports that interpretation.
2. Kedar Nath Bajoria v. Union of India (1953) AIR 220
The Supreme Court accepted the contemporaneous interpretation of a statute by the concerned authorities.
It emphasized that an interpretation placed on a statute at the time of its enactment is highly persuasive.
3. Union of India v. Manbar Industries (1970) AIR 1650
The Supreme Court held that the contemporaneous construction placed upon a statute by those charged with its administration is entitled to great weight.
It is a rule of practical construction in the absence of a clear provision.
4. R.M.D. Chamarbaugwalla v. Union of India (1957) AIR 628
The Court examined the administrative and executive interpretation at the time a tax law was enacted.
It gave significant weight to how authorities applied the law contemporaneously.
Summary
| Aspect | Explanation |
|---|---|
| Maxim Meaning | Interpretation at the time of law’s enactment is strongest evidence. |
| Purpose | To preserve original legislative intent and avoid later distortions. |
| Use | Important in statutory interpretation and resolving ambiguities. |
| Evidence Considered | Government circulars, notifications, administrative practice, court interpretations at enactment time. |
| Legal Weight | Highly persuasive in courts if consistent and undisputed. |
In simple terms:
Imagine a law was passed 50 years ago, and officials or courts then interpreted it a certain way. According to this maxim, that original way of understanding the law is usually the best guide to what the law really means — better than new or creative interpretations today.
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