Discuss the principle of harmonious construction in the interpretation of legislative lists under the Indian Constitution.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Discuss the principle of harmonious construction in the interpretation of legislative lists under the Indian Constitution.
Answer & Explanation:
The position in the Indian Constitution is different from other Federal Constitutions in respect of distribution of legislative powers. There is no clear-cut division of powers between the Union and States. Thus, in case of conflict, the judiciary has to make reconciliation attempts between the conflicting entries. Different entries in the different lists are to be interpreted in such a way that a conflict between them is avoided and each of them is given effect. It must be accepted that the Constitution does not want to create conflict and make any entry nugatory. Therefore, whenever there appears a conflict between the two entries in two different lists, it is the court's duty to reconcile entries and to bring harmony between them, so that each of them is given effect and, for that purpose the scope and meaning of one may be restricted so as to give meaning to the other also. This can be achieved by applying the principle of harmonious construction in such cases.
Topics: Constitutional Law
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