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Mutatis Mutandis: Definition and Meaning
Mutatis Mutandis is a legal principle of codification and interpretation of law which entails that when there exists a difference between two laws then necessary changes can be made according to the need of the circumstance however the basic or main point would remain the same.
What is the meaning of Mutatis Mutandis?
Mutatis Mutandis is a Latin maxim which is literally defined as “all necessary changes having been made”. It basically means that if there is a change in the circumstances which demands a change in the law then the law would be applied as it has been changed in accordance with changed circumstances. Thus, the phrase implies that despite the need for change on the basis of several factors, the law would remain the same in substance and only its application to suit the particular situation would differ.
Mutatis Mutandis in Indian Laws
The Latin phrase is an essential principle of almost all the laws and rules of the judicial system of India as it has been precisely made applicable by courts in numerous matters across the spectrum of situations and is also evidently mentioned in several laws.
Though there is no specific law which defines the maxim or explains its application, it is specifically inserted in various provisions of the number of statutes.
For instance, the Companies Act, GST Act, Tenancy Laws, Rent Control Act, Land Acquisition Laws etc.
The principle is usually inserted in a provision of a statute to imply that the provisions of a particular law would apply to some other statute and circumstances for which the law is not enacted specifically; and to avoid the contradictions that might arise, the maxim underlies the rule that the law would be made applicable to the particular situation in accordance with the demands and after considering as all the changes has already been made accordingly.
Examples
The following are the examples of Mutatis Mutandis −
Section 56 of the Jammu and Kashmir Shops and Establishment Act, 1966 provides that the provisions of the Workmen's Compensation Act for the time being in force in the State and of rules made thereunder shall, mutatis-mutandis, apply to every employee of a shop or commercial establishment. Thus, the Workmen Act is applicable to employees of shops and commercial establishments along with the changes and in addition to the Shop and Establishment Act, because if the Shop and Establishment Act is made applicable in general then, Compensation Act cannot be made applicable such as not every person in a shop is employee and not every shop is a workplace however compensation can only be given to an employee who is injured during the course of employment.
Likewise, Article 20(3) of the Constitution of India provides protection to an accused from being compelled to be a witness against himself, however giving a thumb impression might amount to violation of the fundamental right as a person tends to incriminate himself by giving his thumb impression for investigation under Section 54A of the Code of Criminal Procedure, 1973 although the Court has held that the right would enforced after making certain changes to balance the interest of both the individual and the society.
Conclusion
The maxim of mutatis-mutandis is thus an essential principle of jurisprudence which has the underlying purpose of simplifying the procedure of codification and interpretation of law in order to avoid or resolve conflicts of circumstances and inconsistencies of two statutes while balancing the demand of a situation and validity of law. Henceforth, the maxim modifies the application of law while keeping its substance intact to make it exercisable in different settings in accordance with specific requirement.
Frequently Asked Questions
Explain the literal meaning of mutatis mutandis?
The term mutatis mutandis is a Latin term with a dictionary meaning of all necessary changes having been made.
How the maxim of mutatis mutandis is applied?
The maxim is applied by interpreting a legal provision in such a manner as to be made applicable in a specific situation after making all the necessary changes in the law as demanded by the circumstance.
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