Doctrine of Harmonious Construction

  • Amit Verma

Abstract

The term harmonious construction refers to such a construction under which equilibrium or unity is achieved between separate provisions of an enactment. Where there is more than one interpretation in the words of the legislative provision, and there is doubt as to what meaning should prevail, then the meaning by which the words better harmonize with the subject-matter and subject-matter of the enactment should be followed. The legislature is supposed to have passed a statute of a definite intent. It is therefore presumed that the legislature used precise terms to clear their eyes and leave the vocabulary of the enactment with little doubt. Moreover, since the legislature is not expected to contradict itself by presenting contradictory clauses, it is believed that all the provisions of a statute are well composed and aligned with each other. In order to prevent any repugnance, the law should also be construed in such a way.

Published
2019-11-30
Section
Articles