The Doctrine of Harmonious Construction

Q. "The words of statute, when there is a doubt about their meaning is to be understood in the sense, in which they best harmonize with the subject matter of the enactment." Discuss. [20 marks - 2023]

Q. Explain the rule of Harmonious Construction. [10 marks - 2020, 2019, 2017]

The Rule of Harmonious Construction

The doctrine of Harmonious Construction is used to remove the conflicts between two or more statutes or between two or more parts of the statutes. According to this rule, a provision of the statute should not be interpreted or construed in isolation but as a whole, so as to remove any inconsistency or repugnancy. The courts must avoid a clash on contradicting provisions and they must construe the opposing provisions so as to harmonize them. When the court is unable to reconcile the differences between opposing provisions, the courts must interpret them in such a manner that both the opposing provisions are given effect as much as possible.

Objective of Harmonious Construction:

The main objective of harmonious construction is to avoid any conflict between two provisions of a statute by harmonizing it. 

The real legislative intent cannot be to provide for something in one provision and deny the same in other one. It is considered to be unintentional and as such, is required to be cured by way of harmonious construction.

Basis of Harmonious Construction:

The Doctrine of Harmonious Construction is based on the principle of law that every statute has been formulated with a specific purpose and intention and thereby should be read as a whole. To avoid conflict, the adopted Interpretation of the Statute should be consistent with all its provisions.

Principles of  the Rule of Harmonious Constructions Laid down in leading cases:

1. Commissioner of Income Tax Vs Hindustan Bulk Carriers, 2003

The Courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. 

2. Sultana Begum Vs Premchand Jain, 1997

When it is impossible to completely reconcile the differences in contradictory provisions, the Courts must interpret them in such as way so that effect is given to both the provisions as much as possible. 

Leading cases on Doctrine Of Harmonious Construction

1. Venkataramana Devaru & Ors. Vs State of Mysore & Ors., AIR 1958 

The Supreme Court applied the Rule of harmonious construction in resolving a conflict between Articles 25 (2)(b) and 26 (b) of the Constitution of India 

2. M. S. M. Sharma Vs Krishna Sinha & Ors, AIR 1959 

The Supreme Court applied this rule to resolve the conflict between Articles 19 (1)(a) and 194 (3) of the Constitution of India