NEWS – The Supreme Court recently laid down eight principles by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963

DOCTRINE OF HARMONIOUS CONSTRUCTION:

• Essential Rule for Statutory Interpretation – It addresses conflicts between statutes, as well as within different parts or provisions of a statute.
• Purpose of Harmonization
  • The doctrine aims to interpret conflicting statutes or provisions in a way that reconciles them.
  • It prevents one part from negating the purpose or intent of another part of the statute.
• Rooted in Legal Principles
  • Based on the principle that each statute has a specific purpose and intent, requiring a holistic understanding.
  • Reflects the legal maxim ‘ut res magis valeat quam pereat,’ meaning a thing is better understood to have an effect than to be made void.
• Resolving Inconsistencies
  • Courts interpret laws to remove inconsistencies and ensure all provisions remain in force harmoniously.
  • The goal is to give effect to all parts of the statute without conflict.
• Judicial Responsibility
  • If harmonious interpretation is impossible, the judiciary has the responsibility to make a final decision.
  • Courts must strive to avoid conflicts and interpret statutes consistently across all provisions
• Principles from Commissioner of Income Tax v. M/S Hindustan Bulk Carriers (2000)

The Supreme Court established five fundamental principles:

1. Avoid conflicts between provisions and interpret them harmoniously.
2. Do not nullify one provision with another unless reconciliation is impossible.
3. Interpret provisions to give effect to both as much as possible.
4. Avoid interpretations that render provisions redundant.
5. Preserve statutory provisions and their effectiveness through harmonization.