This article is written by VINEETA TIWARI LLB (2021) ,DEEN DAYAL UPADHYAY GORAKHPUR UNIVERSITY during her internship at LeDroit India.
INTRODUCTION
A legal doctrine is a principle , a theory or a position that is commonly applied and upheld by the courts.
Different judicial doctrine have developed over time in the Indian Constitutional Law based on different judicial interpretation by the judiciary .
DOCTRINE OF HARMONIUOS CONSTRUCTION
• The DOCTRINE OF HARMONIUOS CONSTRUCTION is followed when there arises an inconsistency between two or more statute or sections of particular statue .
• The doctrine of harmonius construction came into exixtence as a result of many varied court intrepretations of different statues in a variety of cases of-
CP AND BERAR ACT (1939), where the involved court resolved the inconsistency between List I and an entry of List II in the Indian constitution and interpreted them harmoniously.case, remarked that it would be peculiar it the union had executive power to tax retail sales when the province had executive power to make law with respect to trade and commerce , its production and supply and the distribution of goods within its boundaries . Hence , it was sale tax and the act was not a ultra vires.
APPLICATION OF DOCTRINE OF HARMONIOUS CONSTRUCTION
1. Give equal importance to both the conflicting provision , thus reduce their inconsistency.
2. The provision that are fundamentally inconsistent or repugnant to each other must be read intheir entirely and the complete enactment must be taken into account.
3. The provision with a broader case reach of two contradicting provision should be considered.
CASE LAW EXPLAINING THE APPLICATION OF THE DOCTRINE OF HARMONIOUS CONSTRUCTION
1. East Indian Hotels vs Union of India (2001) – It was held that an act is to be read as a whole , the different provision have to be harmonized and the effect to be given to all of them.
3. Bhatia International vs Bulk Trading (2009) – It was held that if more than one interpretation is possible for a statute than the court has to chose the interpretation which shows the intention of the legislature.
MAXIM ON WHICH RULE OF HARMONIOUS CONSTRUCTION IS EXPRESSED
GENERALIA SPECIALIBUS NON DEROGANT
-The general rule to be followed in case of conflict between two statute is that the later abrogates the earlier one in other words
1. The two inconsistent with each other.
2. If either of these two conditions is fulfilled , the later law , even though general would prevail.
GENERALIBUS SPECIALIA DEROGANT
-This maxim means that the special things derogate from general things.
CONCLUSION
