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The Doctrine of Harmonious Construction, recently seen in news, is related to:
  • a)
    establishing new legal precedents
  • b)
    ensuring uniformity in judicial decisions
  • c)
    safeguarding individual liberties
  • d)
    resolving conflicts between statutes or their provisions
Correct answer is option 'D'. Can you explain this answer?
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The Doctrine of Harmonious Construction, recently seen in news, is rel...
While refusing to condone the delay of 5659 days in preferring an appeal, the Supreme Court recently laid down eight principles by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963. 
About Doctrine of Harmonious Construction:
  • It is an essential rule for interpreting statutes.
  • It states that when there’s a conflict between two or more statutes or between different parts or provisions of a statute, we should interpret them in a way that harmonises them.
  • This means that when there are inconsistencies, we should try to reconcile the conflicting parts so that one part doesn’t negate the purpose of another.
  • It is rooted in the fundamental legal principle that every statute is created with a specific purpose and intent. Therefore, it should be understood as a whole.
  • The intention of the legislature is that every provision should remain operative. 
  • But when two provisions are contradictory, it may not be possible to effectuate both of them, and as a result, one will be rendered futile as against the settled basic principle of ‘ut res magis valeat qauam pereat’ (that a thing is better understood so that it may have an effect than that it should be made void).
  • Therefore, the court should interpret the laws in a way that removes the inconsistency and allows both provisions to remain in force, working together harmoniously.
  • The goal is to give effect to all the provisions. To avoid conflicts, the interpretation of the statute should be consistent with all its parts.
  • If it’s impossible to harmoniously interpret or reconcile the different parts or provisions, then it’s the responsibility of the judiciary to make the final decision and give its judgment.
  • In the landmark case of Commissioner of Income Tax v. M/S Hindustan Bulk Carriers (2000), the Supreme Court established five fundamental principles governing the rule of harmonious construction:
  • Courts should make every effort to avoid conflicts between seemingly conflicting provisions and should attempt to interpret these provisions in a way that harmonises them.
  • A provision in one section of the law should not be used to nullify a provision found in another section unless the court is unable to find a way to reconcile their differences despite diligent effort.
  • In cases where it’s impossible to completely reconcile inconsistencies between provisions, the courts must interpret them in a manner that gives effect to both provisions to the greatest extent possible.
  • Courts must consider that an interpretation rendering one provision redundant or useless goes against the essence of harmonious construction and should be avoided.
  • Harmonizing two contradictory provisions means preserving and not destroying any statutory provision or rendering it ineffective.
Hence option d is the correct answer.
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The Doctrine of Harmonious Construction, recently seen in news, is related to:a)establishing new legal precedentsb)ensuring uniformity in judicial decisionsc)safeguarding individual libertiesd)resolving conflicts between statutes or their provisionsCorrect answer is option 'D'. Can you explain this answer?
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