Doctrine of Harmonious Construction

This idea states that a statute’s provisions should not be read or interpreted in isolation, but rather as a whole to eliminate any inconsistencies or objectionable elements. The courts must interpret the conflicting laws in a way that harmonizes them in order to avoid a conflict over incompatible clauses. The courts must interpret the provisions in a way that gives both opposed clauses the most weight feasible when they are impossible to be reconciled by the court. In order to avoid any conflict between two enacting provisions of a statute and to interpret the provisions in a way that promotes harmony, harmonic construction is used. This rule’s underlying tenet is that the Legislature will never intend to include two contradictory provisions in a statute because doing so would amount to self-contradiction. The genuine legislative meaning, which we seek to ascertain via the interpretation process, cannot be to permit something in one provision while forbidding it in another.

So, even if an inconsistency is discovered, it should be regarded as accidental and as such, must be fixed by harmonic building. Viewing the law as a whole should be the goal of the judiciary and the courts. Laws should be interpreted in a way that avoids conflict or inconsistency between the various portions or components of the statute that are in use. The idea of harmonious construction must be applied whenever there is a conflict between two or more statutes, or between various clauses or portions of a legislation. The theory is founded on the simple idea that each statute has a legal purpose and needs to be studied in its entirety. All of the provisions of the statute should be employed, and the interpretation must be unwavering. The doctrine of harmonious construction is one of the instruments the Indian judiciary and courts use to safeguard and uphold the purpose of each and every section of the Indian Constitution. The Indian Judiciary has attempted to explain the aim or goal of the Constitution’s founders for crafting the various provisions using the idea of harmonious construction. Because the legislature gave each provision careful consideration when crafting it, the rule of harmonious construction ensures consistency between several provisions that may otherwise conflict and prevents any of them from becoming meaningless or defunct.

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