Explain the 'Rule of Harmonious Construction' for interpretation under General Clause Act, 1997.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Explain the 'Rule of Harmonious Construction' for interpretation under General Clause Act, 1997.

Answer & Explanation:

The principle of harmonious construction is similar to the idea of broad or purposive approach. The key to this method of Constitutional interpretation is that provisions of the Constitution should be harmoniously interpreted. Constitutional provisions should not be construed in isolation from all other parts of the Constitution, but should be construed as to harmonize with those other parts. A provision of the Constitution must be construed and considered as part of the Constitution and it should be given a meaning and an application which does not lead to conflict with other Articles and which confirms with the Constitution's general scheme. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort.

Topics: Interpretation of Statutes

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