rule of harmonious construction research paper

The doctrine of harmonious construction is a rule of statutory interpretation that aims to achieve consistency and harmony between different provisions of a law. This article examines the concept, objectives, principles and case laws of this doctrine in the Indian legal system.

There are many rules for the judiciary to adhere to during the interpretation and construction of statutes and the doctrine of the rule of harmonious construction is one of them. This essay attempts to explain the concept and principles of the doctrine of harmonious construction and illustrate its use with many examples. Download Free PDF.

In this paper, we will take a walk down the basics of this doctrine, understand its objective and refer to some important landmark case laws to derive a methodology about the rule, and finally draw an analysis about the principle at the end. Keywords: Harmonious Construction, Methodology, Ambiguity. 1BA LLB, FOURTH YEAR, KIIT UNIVERSITY ...

This paper explains the meaning of the Doctrine of Harmonious Construction and traces its genesis through various landmark cases both pre and post-Independence. It looks into the origins rooted in Latin legal maxims and showcases its various versions of applications through a series of caselaws. The broad scope of the doctrine and various methods in which it has been applied by the Indian ...

Interpretation of Statutes Harmonious Construction

This study seeks to analyse the rule of Harmonious Construction and determine its applicability in order to better comprehend its presence and significance in the legal system. The best way to shed light on the theory behind a rule of harmonious construction is to look at how it has been applied in actual successful and unsuccessful cases and ...

by recourse to the rule of harmonious construction. The principle of harmonious construction has been applied in a vast number of cases in the construction of apparently conflicting legislative entries in Schedule VII of the Government of India Act, 1935 and the Constitution.18 12 Ja gd is hS nv.Lt G o er ,D l AIR 1 97 SC 23 , p .4

Introduction. The debate on whether international law can be considered as true 'law' has been unremitting, with no definite answer to the bindingness of international law. This paper analyses a contemporary constitutional practice—and tries to look at the way in which the Indian Supreme Court ("SC") has applied the doctrine of 'harmonious construction' to incorporate ...

This conclusion was also reached by recourse to the rule of harmonious construction. The principle of harmonious construction has been applied in a vast number of cases in the construction of apparently conflicting legislative entries in Schedule VII of the Government of India Act, 1935 and the Constitution. 18 12 Jagdish Singh v. Lt. Governor ...

especially essential in these situations. This research paper will look at the meaning of the Rule of Harmonious Construction, following with its scope and objectives and its origin, and how it has evolved over the years. The research paper at last deals with the critical analysis of the rule and ends up with the conclusion. (A) Research Design a.

c o ns t r u c t i o n A l l a b o u t t h e D o c t r i ne o f h a r mo ni o u s. l about the Doctrine of harmonious constructionBySneha Mahawar -February 2, 2024This. article is written by Ashutosh Singh, and co-authored by Pruthvi Ramakanta Hegde. This article emphasises the meaning, scope and concept of the doctrine of harmonious construction,

With a fundamental understanding of the topic of "Principle of Harmonious Construction: An Indian Judicial Outlook", this article explores the role and concept of the judiciary in interpreting laws and rules. After a brief introduction to Harmonious Construction as a guide, this paper discusses the nature and purpose of harmonious construction and describes how many jurists and legal ...

In order to harmonize the differences in the legislature, it is pertinent to construct a doctrine so as to balance such repugnancies, redundancies and anomalies in the law, legislation or statute which is also known as the 'doctrine of harmonious construction. This research paper broadly studies the origin or history of the doctrine, its ...

In the case of M.S.M. Sharma v. Krishna Sinha, [8], the doctrine of harmonious construction was used to resolve the contrast between Articles 19 (1) (a) and Article 194 (3) of the Constitution. It was held that the right to freedom of speech guaranteed under Article 19 (1) (a), is to be considered as Subjects of powers and privileges of the ...

The doctrine follows a settled rule that an interpretation that results in injustice, hardship, inconvenience, and anomaly should be avoided. The interpretation with the closest conformity to justice must be picked. The Supreme Court laid down 5 main principles of the 'Doctrine of Harmonious Construction'-. In CIT v.

The International Journal of Law and Legal Jurisprudence Studies publishes high-quality research, case studies, and reviews on diverse legal topics, advancing understanding and discourse in law worldwide. ... Call for Papers; Contact Us; Issue 4 0 Issues. Volume 1 2 Issues. Volume 2 6 Issues. Volume 3 5 Issues. Volume 4 4 Issues. Volume 5 1 ...

set the first defining precedent in regards to the Doctrine of Harmonious Construction. In this case there was a dispute regarding the tax levied under Sections 234 - A, 234 - B and 234 - C of the Income Tax Act, 1961. The Supreme Court laid down the following principles of the Doctrine of Harmonious Construction in the Indian Legal ...

according to the rule and principles which have been evolved by the courts. So, therefore, there are different rules and in this research paper, the researcher has focused on one of such rules which could be invoked by anyone in the court to resolve any dispute of provisions. This rule is The Rule of Harmonious Construction.

Learn about the principle of harmonious construction, a concept of statutory interpretation that avoids conflict between legal provisions. Find out its origin, maxims, principles, procedure and landmark case laws in India.

The rule of harmonious construction is the thumb rule to interpretation of any statute. An interpretation which makes the enactment a consistent whole, should be the aim of the Courts and a construction which avoids inconsistency or repugnancy between the various sections or parts of the statute should be adopted.

Learn the meaning, scope, principles and application of the doctrine of harmonious construction, a legal principle that helps to interpret conflicting laws or rules. Explore the history, landmark judgments and limitations of this doctrine in Indian constitutional law.

Academia.edu is a platform for academics to share research papers. HARMONIOUS CONSTRUCTION ... State of Mysore In this case the Supreme Court applied the rule of harmonious construction in resolving a conflict between Articles 25(2)(b) and 26(b) of the Constitution and it was held that the right of every religious denomination or any section ...

Thus, the purpose of interpretation is to determine the intention of the legislature and in doing so, the Statute as a whole must be construed harmoniously by reading all the parts together. It follows that no part of it can be ignored or omitted in finding out the legislative intent. The courts have no power to vary the words of a Statue by ...