The doctrine of harmonious construction under Interpretation of statute

The doctrine of harmonious construction under Interpretation of statute

1. HARMONIOUS CONSTRUCTION
DOCTRINE OF
Presented by:
DEEPIKA K
20201BCL0006
Bcom LLB

2. Overview
Introduction
Meaning
Objects
Latin maxims
Case laws
Conclusions

3. Introduction
A legal doctrine is a principle, a theory, or a position that is commonly
applied and upheld by the courts. Different judicial doctrines have
developed over time in the Indian constitutional law based on different
judicial interpretations by the judiciary. These legal concepts did not
form or take place at once but they are a result of disagreements,
unrest, debates, and legislative solutions, and require improvement.
The doctrine of harmonious construction is followed when there arises
an inconsistency between two or more statutes or sections of a
particular statute.

4. MEANING
- when there is a conflict between two or more statutes and if two or
more than two provisions of the same act are inconsistent with each other
then it must be interpreted in such a manner that effect should be given
to both. The rule follows a very simple premise that every statute has a
purpose and intent as per law and should be read as whole. In the case in
which it shall be impossible to harmonize both the provisions, the Court's
decision regarding the provision shall prevail.

5. OBJECTIVE
The aim of the judiciary and the courts should be to view
the law as a whole. The interpretation of the law should
be such that it prevents confusion or incompatibility
between the different sections or parts of the statute
being used. Whenever a discrepancy arises between two
or more statutes or different clauses or sections of a
statute, the doctrine of harmonious construction must
be followed.

6. LATIN MAXIM
Generalibus specialia
derogant
Generalia specialibus non
derogant
means that the courts
prefer specific provisions
to provisions of general
application whenever the
provisions are in conflict.
means that special things
detract from general
things.

7. The decision by the Supreme Court clarified
the challenge in the interpretation of
Section 2(2) and Section 3 of the Madras
Temple Entry Authorisation Act (V of 1947)
while also laying clearly the concepts
pertaining to the matter of religion and
harmonisation of irregularities arising at the
time of interpretation of Article 25(2)(b)
and Article 26(b) of the Indian Constitution.
The Court observed that the rule of
harmonious construction of seemingly
contradictory statutory provisions is
well recognized for as far as it may be
possible to uphold and give effect to all
the provisions and avoid the
interpretation which may render any
of them powerless.
CASE LAWS
Sri Jagannath Temple Managing
Committee v. Siddha Math and Others
The Court said that while using the
rule of harmonious construction it
should be taken into account that
when the provisions of two statutes
are irreconcilable, one must decide
which provision must be given
effect to.
Venkataramana Devaru
v. State of Mysore
State of Rajasthan
v. Gopi Kishan Sen

8. Thank You
SUBMITTED TO:
Asst. Prof. Aakansha Verma