Discuss the Rule of Harmonious Construction for the interpretation of statutes.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Discuss the Rule of Harmonious Construction for the interpretation of statutes.
Answer & Explanation:
A statute must be read as a whole and one provision of the Act should be construed with reference to other provisions in the same Act so as to make a consistent enactment of the whole statute. Such a construction has the merit of avoiding any inconsistency or repugnancy either within a section or between a section and other parts of the statute. It is the duty of the Courts to avoid "a head on clash" between two sections of the same Act and, "whenever it is possible to do so, to construct provisions which appear to conflict so that they harmonise" ( Raj Krishna v. Pinod Kanungo, A.I.R. 1954 S.C. 202 at 203 ). Where in an enactment, there are two provisions which cannot be reconciled with each other, they should be so interpreted that, if possible, effect may be given to both. This is what is known as the "rule of harmonious construction."
Topics: Interpretation of Statutes
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