Principle of Harmonious Interpretation : The Approach of Indian Courts
Keywords:
Harmonious Construction, Judicial approach for Harmonious Construction, Rule of Interpretation.Abstract
In India, the Constitution is regarded as the supreme law, and everything that is not in accordance with its provisions is regarded as ultravires. Certain norms of interpretation are applied to resolve discrepancies between Constitutional provisions when they occur. One such guideline, the "Principle of Harmonious Interpretation," is the subject of this essay. The rule is extremely important since it attempts to reconcile contradictory laws in order to find a workable solution. It also aims to defend the very intention of the constitution's writers while establishing the provisions. With the aid of several case laws, the paper's primary goal is to comprehend how Indian courts approached the harmonious rule before and after independence as well as the difficulties associated with it. The main objective of this project is understanding the legal principles and approach applied by Indian Courts on the application of the doctrine of harmonious construction mainly focusing on pre and post-independence by means of several case laws to maintain the existence of contradicting laws in order to find a middle ground through proper interpretation of the same. The paper also focuses on the important aspects kept in mind by the courts while applying the principle of harmonious construction and trying to interpret the contradicting laws with an aim of co-existence of laws. The paper also takes a look over the aspect of separation of power and how the judiciary refrains itself from stating any law as null and void as the power of judiciary is to only interpret the intend of legislature and not make of nullify laws.
References
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