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harmonious construction

English · Jurisprudence and interpretation

Meaning. Interpreting two apparently conflicting provisions so that both can operate.

The legislature is presumed not to have intended a contradiction. So when two provisions of a statute, or of the Constitution, appear to conflict, the court must try to read them so that each has effect, and avoid a reading that makes one of them useless. Only where reconciliation is impossible will one give way to the other, often by applying the special provision over the general.

In Sri Venkataramana Devaru (1957) the Supreme Court reconciled Article 25(2)(b), which allows laws opening Hindu temples to all classes, with Article 26(b), which protects a religious denomination's right to manage its own affairs in matters of religion. The temple-entry law applied, but the denomination could exclude the public from certain specific rituals. The rule is used constantly in constitutional and statutory interpretation.

Example

Applying harmonious construction, the court held that the general power to transfer employees could not be used to defeat the specific protection given to union office-bearers.

In Indian law

See also

ut res magis valeat quam pereat · generalia specialibus non derogant · purposive interpretation · internal aids to interpretation

Read more in the study notes

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