Q. With reference to the Doctrine of Harmonious Construction, consider the following statements:- It is applied when two provisions of the Constitution or a statute appear to be in conflict.
- The aim is to give effect to both provisions, as far as possible.
- If reconciliation is impossible, one provision automatically becomes void.
- The doctrine is rooted in the idea that the Constitution is an integrated whole.
Which of the above statements is / are correct?
Answer:
Only 1, 2 and 4
Notes: The Doctrine of Harmonious Construction is used when constitutional or statutory provisions seem to conflict. Statements 1 and 2 are correct, as the doctrine’s purpose is to interpret the provisions to give effect to both. Statement 4 is correct: the Constitution is seen as an integrated whole. Statement 3 is incorrect because reconciliation is prioritized; only if truly impossible, a provision may be limited, not automatically voided.