Bridging The Gaps - How Harmonious Construction Resolves Legal Enigmas

Hir Patel, Unitedworld School of Law, Karnavati University

ABSTRACT:

The paper explores the doctrine of harmonious construction in legal interpretation, examining its meaning, origin, importance, principles, and application through case laws in India. The doctrine holds that statutes should be interpreted in a way that reconciles conflicting provisions to give effect to all parts of the law. It originated from court interpretations resolving inconsistencies in statutes. Through landmark cases, such as Sri Shankari Prasad Singh Deo v. Union of India and the Re Kerala Education Bill Case, India's judiciary established the doctrine's significance, emphasizing the balance between Fundamental Rights and Directive Principles. Principles governing harmonious construction, like avoiding conflicts and ensuring all provisions are respected, were outlined in cases like Commissioner of Income Tax v. M/S Hindustan Bulk Carriers. The paper also discusses two Latin maxims, “Generalibus specialibus non derogant” and “Generalibus specialibus derogant,” showing their role in guiding harmonious construction. Furthermore, it compares the application of the doctrine in the US and UK legal systems, highlighting differences in emphasis and approach. While the US prioritizes original intent and textualism, the UK focuses on practical outcomes and flexibility. Overall, the paper offers a comprehensive overview of harmonious construction and its implications in legal interpretation.

Keywords: Harmonious Construction, Generalibus specialibus non derogant, Generalibus specialibus derogant, Principles, Application of harmonious construction, Harmonious Construction in the U.S. and the U.K.