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Principles for Harmonious Construction

Facts for Prelims (FFP)

 

Source: Live Law

 Context: The Supreme Court, while refusing to condone a 5659-day delay in an appeal, outlined eight principles deciding an application for condonation of delay.

These include:

  • the public policy basis of limitation laws,
  • the strict interpretation of Section 3 and liberal interpretation of Section 5 of the Limitation Act,
  • the balance between substantial justice and adherence to limitation laws,
  • discretionary power of courts to condone delays,
  • lack of entitlement based on others’ relief,
  • non-necessity to consider case merits in delay condonation,
  • and adherence to statutory provisions in deciding delay condonation applications.

 The Doctrine of Harmonious Construction is a legal principle used to interpret statutes and resolve conflicts between laws or different parts of the same law.

 When there’s inconsistency between statutes or provisions, the doctrine requires interpreting them in a way that harmonizes their application.

 This ensures that all provisions are given effect and the statute is understood as a whole.

The principle assumes that Parliament intends for all provisions to work together without contradiction.