Senior Research Fellow at Department of Law, MDU, Rohtak, India
Junior Research Fellow at Department of Law, MDU, Rohtak, India
The doctrine of harmonious construction plays a pivotal role in Indian constitutional interpretation, particularly when reconciling conflicts between fundamental rights or between rights and directive principles. Rooted in classical principles of statutory interpretation, this doctrine has evolved into a constitutional tool that enables courts to uphold the integrity of the Constitution while preserving its basic structure. This paper undertakes a purely doctrinal study of the application of harmonious construction in fundamental rights jurisprudence, tracing its evolution through landmark cases such as Champakam Dorairajan v. State of Madras, Kesavananda Bharati v. State of Kerala, and Minerva Mills v. Union of India. By analysing constitutional provisions, judicial reasoning, and scholarly commentary, it demonstrates how the doctrine has been used to mediate tensions between individual liberty and collective welfare, as well as to balance Parts III and IV of the Constitution. The study critiques the lack of uniformity in judicial application and the increasing reliance on judicial discretion, highlighting the need for a more structured framework to guide constitutional interpretation. Comparative insights from jurisdictions like the United States, United Kingdom, and European Union further emphasise the importance of doctrinal clarity. This research contributes to constitutional scholarship by advocating for a refined approach to harmonious construction, ensuring predictability, judicial restraint, and protection of rights in a pluralistic democracy.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 2190 - 2211
DOI: https://doij.org/10.10000/IJLMH.1111008
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