Doctrine of harmonious construction
The doctrine of harmonious construction in India refers to the principle that a court should interpret the provisions of a statute in a way that is consistent with the overall purpose and intent of the statute. The doctrine of harmonious construction is based on the principle that a court should not interpret the provisions of a statute in a way that is contradictory or inconsistent with the other provisions of the statute, or with the overall purpose and intent of the statute.
The doctrine of harmonious construction is an important aspect of statutory interpretation in India, as it allows courts to give effect to the overall purpose and intent of a statute, and to ensure that the provisions of the statute are interpreted in a consistent and coherent manner. The doctrine of harmonious construction is often invoked by courts in India in cases where the provisions of a statute are ambiguous or open to more than one interpretation.
The doctrine of harmonious construction is based on the principle that a court should not interpret the provisions of a statute in a way that is contradictory or inconsistent with the other provisions of the statute, or with the overall purpose and intent of the statute. In applying the doctrine of harmonious construction, a court will consider the language of the statute, the context in which the provisions of the statute are used, and the overall purpose and intent of the statute.
The doctrine of harmonious construction is an important aspect of the rule of law in India, as it allows courts to ensure that the provisions of a statute are interpreted in a consistent and coherent manner, and to give effect to the overall purpose and intent of the statute.
The principles of the doctrine of harmonious construction in India are as follows:
- A court should interpret the provisions of a statute in a way that is consistent with the overall purpose and intent of the statute.
- A court should not interpret the provisions of a statute in a way that is contradictory or inconsistent with the other provisions of the statute, or with the overall purpose and intent of the statute.
- The doctrine is based on the principle that a court should give effect to the overall purpose and intent of a statute, and to ensure that the provisions of the statute are interpreted in a consistent and coherent manner.
- The doctrine is often invoked by courts in India in cases where the provisions of a statute are ambiguous or open to more than one interpretation.
- In applying the doctrine, a court will consider the language of the statute, the context in which the provisions of the statute are used, and the overall purpose and intent of the statute.
- The doctrine is an important aspect of the rule of law in India, as it allows courts to ensure that the provisions of a statute are interpreted in a consistent and coherent manner, and to give effect to the overall purpose and intent of the statute.
Landmark Judgements
In the case of State of Tamil Nadu v K. Balu, [2007] 2 SCC 573, the Supreme Court of India applied the doctrine of harmonious construction to interpret the provisions of a statute in a way that was consistent with the overall purpose and intent of the statute.
In the case of Pradyut Bordoloi v Union of India, [2013] 5 SCC 716, the Supreme Court of India applied the doctrine of harmonious construction to interpret the provisions of a statute in a way that was consistent with the overall purpose and intent of the statute.
In the case of State of Tamil Nadu v M.P. Samuthiram, [2014] 6 SCC 690, the Supreme Court of India applied the doctrine of harmonious construction to interpret the provisions of a statute in a way that was consistent with the overall purpose and intent of the statute.
In the case of Subrata Roy Sahara v Securities and Exchange Board of India, [2014] 8 SCC 393, the Supreme Court of India applied the doctrine of harmonious construction to interpret the provisions of a statute in a way that was consistent with the overall purpose and intent of the statute.
