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Q.

What is harmonious construction and what are its importance ?

Asked by lemken, 19 Feb '08 04:49 pm
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Answers (2)

1.

The key to this method of constitutional interpretation is that provisions of the Constitution should be harmoniously interpreted. As per Kelly:
Constitutional provisions should not be construed in isolation from all other parts of the Constitution, but should be construed as to harmonise with those other parts. A provsion of the constitution must be construed and considered as part of the Constitution and it should be given a meaning and an application which does not lead to conflict with other Articles and which confirms with the Constitutions general scheme. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort.

This principle is illustrated in the case of Raj Krishna vs Binod AIR 1954. In this case, two provisions of Representation of People Act, 1951, whi ...more
Answered by Hanumant Deshmukh, 29 Dec '08 07:23 pm

 
  
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2.

When two statutes are complementary to each other.one statute cannot be allowed to overrule the other.Instead one statute should be interpreted in such a way to compromise with the another statute.This is called Harmonious construction of Statutes.
Answered by ashok arockiam, 07 Dec '08 12:18 pm

 
  
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