Introduction

When a certain legislative enactment is passed it is ensured that the text of the law is clear and not ambiguous. In case of inconsistencies between two or more statutes or sections of a particular statute, the doctrine of harmonious construction is followed.

What is the Doctrine of Harmonious Construction?

• The term harmonious construction refers to such construction by which harmony or oneness amongst various provisions of an enactment is arrived at.
• When the words of statutory provision bear more than one meaning and there is a doubt as to which meaning should prevail, their interpretation should be in a way that each has a separate effect and is neither redundant nor nullified.

What is the Origin of Doctrine of Harmonious Construction?

• The use of this doctrine can be traced back to the very first Constitutional amendment in the case of Shankari Prasad v. Union of India (1951) where there was a conflict between Fundamental rights and Directive principle of state policy.
• The Court applied the rule of Harmonious Construction in the Indian constitution and stated that fundamental rights and DPSP are different sides of the same coin and hence, harmonized them stating they are for public good.

What are the Principles of Doctrine of Harmonious Construction?

• The Supreme Court in the case of Commissioner of Income Tax v. Hindustan Bulk Carrier (2003), has laid down the following principles that govern the doctrine of harmonious construction:
  • While interpreting the provisions, the courts need to avoid all circumstances of head-on clash between the provisions. They must be construed harmoniously.
  • Interpretation by the Courts should be done in such a way that one provision does not defeat the other provision unless there seems no possible construction.
  • If the situation is so that it becomes impossible to reconcile the provisions in conflict, the courts must decide in such a way that both provisions are given effect.
  • Any construction that renders one provision of the statute (or another statute, in the case of two different statutes) useless or dead letter should not be given effect. Such construction is not a harmonious construction.
  • A harmonious construction is one which does not defeat any other provisions.

What is the Applicability of Doctrine of Harmonious Construction?

• The Courts have formulated the following measures for the applicability of the said doctrine:
  • Giving maximum force to both clauses thus reducing their inconsistency.
  • Both clauses that are inherently contradictory or repugnant to one another must be read as a whole, and the entire enactment must be considered.
  • Choose the one with the broader reach of the two contrasting clauses.
  • Compare the broad and narrow provisions, and then try to analyze the broad law to see if there are any other consequences. No further investigation is needed if the result is as fair as harmonizing both clauses and giving them full force separately. One thing to keep in mind is that the legislature, when enacting the provisions, was well aware of the situation that they were attempting to address, and thus all provisions adopted must be given full effect on scope.
  • A non-obstante clause must be used when one provision of an Act strips away powers conferred by another Act.

What are the Landmark Case Laws of the Doctrine of Harmonious Construction?

• Re-Kerala education bill (1951):
  • In this case, the Supreme Court held that in deciding the fundamental rights the court must consider the directive principle and adopt the principle of harmonious construction. So, two possibilities are given effect as much as possible by striking a balance.
• East India hotels ltd. v. Union of India (2001):
  • The Supreme Court held that an Act is to be read as a whole, the different provisions have to be harmonized and the effect to be given to all of them.