Student at NMIMS School of Law, Bengaluru, Karnataka, India
Legislators take great care when drafting legislation, considering possible outcomes, and accounting for extraordinary events like pandemics and natural catastrophes. Legislators intentionally create loopholes in the law so that it may be expanded and precedents can be used to improve law enforcement. It is important to balance any discrepancies, redundancies, or abnormalities in the law, legislation, or statute through what is known as the "doctrine of harmonious construction" to reconcile the legislative disparities. This study examines the concept from several angles, including its development and evolution, its most defining characteristics, landmark cases, and a critical evaluation of the doctrine as a whole. This study seeks to analyse the rule of Harmonious Construction and determine its applicability in order to better comprehend its presence and significance in the legal system. The best way to shed light on the theory behind a rule of harmonious construction is to look at how it has been applied in actual successful and unsuccessful cases and analyse the lessons learned from those cases. This will help you clearly understand how legal ambiguities have been resolved.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1774 - 1786
DOI: https://doij.org/10.10000/IJLMH.115590This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021