Principle of harmonious construction

13.04.2024

Principle of harmonious construction

Why in the news?

      Recently eight principles have been laid down by the Supreme Court by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.

Important points:

• While refusing to condone the delay of 5659 days in filing the appeal, eight principles have been laid down by the Supreme Court by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.
• These eight principles were determined by Pankaj Mithal.

About the principle of harmonious construction:

• This is an essential rule for the interpretation of laws.
• The principle of harmonious construction states that, when there is a conflict between two or more statutes or between different parts or provisions of a statute, we should interpret them in such a way that they are harmonious.
• That is, when there are discrepancies, we should try to establish harmony between the conflicting parts so that one part does not negate the purpose of the other.
• It is rooted in the fundamental legal principle that every statute is made with a specific purpose and intention.
• But when two provisions are contradictory, it may not be possible to enforce both of them, and as a result, one is contrary to the established basic principle of 'ut res magis valet quam perit' (that one thing is better understood). Will be made redundant.
• Therefore, the court should interpret the statutes in a manner that removes the inconsistency and enables both the provisions to work together harmoniously.
• The aim of this principle is to make all the provisions effective.
• If it is impossible to harmoniously interpret or harmonize the various parts or provisions, it is the responsibility of the judiciary to take the final decision.
• The doctrine of harmonious construction originated from the landmark judgment of Shri Shankari Prasad Singh Deo v. Union of India (1951), when a conflict was found between fundamental rights and the DPDP.

Governing principle of harmonious construction:

• In the landmark case of Commissioner of Income Tax vs. M/s Hindustan Bulk Carriers (2000), the Supreme Court had established five fundamental principles to govern the rule of harmonious construction.
  • Courts should make every effort to avoid conflicts between seemingly conflicting provisions and attempt to interpret these provisions in a manner that will harmonize them.
  • A provision of one section of a statute should not be used to override a provision of another section, unless the court is unable, despite hard work, to find some way of reconciling their differences.
  • In cases where it is impossible to completely resolve inconsistencies between provisions, courts should interpret them in a manner that makes both provisions effective to the maximum extent possible.
  • Courts should consider whether an interpretation that makes a provision redundant or worthless is against the essence of harmonious construction and should be avoided.
  • Reconciling two conflicting provisions means preserving any statutory provision and not destroying or making it ineffective.

About Limitation Act, 1963:

• The Limitation Act, 1963 is a statute enacted by the Parliament that prescribes the time limit within which legal proceedings can be initiated for various civil and criminal cases.
• This act sets specific time periods, known as limitation periods, within which a person must file a suit or take legal action to enforce his rights or seek remedies for a particular cause of action.
• Once the limitation period expires, the right to initiate legal proceedings becomes barred by law, and the aggrieved party loses the right to seek legal redress.
• The Limitation Act, 1963 applies to civil suits, appeals and applications filed in courts throughout India, with the exception of cases where specific statutes provide different limitation periods.
• This Act prescribes a limitation period of 3 years for filing a suit relating to recovery of debt, breach of contract, or injury to a person.
• The limitation period generally begins on the date the cause of action arises, which is when the aggrieved party becomes entitled to sue.

                                                Source: Indian Express