Question

Define the doctrine of harmonious construction

Answer 1

• The doctrine or the rule of harmonious construction is adopted when there is a conflict between two or more statues or between the parts or provisions of the statues. As per this doctrine the courts try to avoid conflicts between the provisions of the statutes. The doctrine follows a very simple rule that every statute has made for a purpose and specific intent as per law and it should be read as a whole and interpreted accordingly. Thus the provisions are so interpreted that the conflict between the two statues or its provisions is avoided and each of them is given effect. For this purpose, the scope and meaning of one may be restricted so as to give meaning also to the other. So, The aim of the courts are:- i) An interpretation which makes the enactment consistent . ii) A construction which avoids inconsistency or repugnancy between the various sections or parts of the statute. However, in the case in which it shall be impossible to harmonize both the provisions, the court’s decision shall prevail.