The Doctrine of Harmonious Construction


     



Schedule 7 of the Indian Constitution provides State List, Union List and the Concurrent List. Through these lists, the powers of states and the powers of Union are allocated. The Doctrine of Harmonious Construction helps in resolving any conflict between the states and the Union. In case of overlapping the authority of states or Union as provided by the 7th Schedule of the Indian Constitution, the court applies the doctrine of Harmonious Construction. This has been witnessed in the case of Tika Ramji Vs. The State of Uttar Pradesh. According to this doctrine, a wide amplitude to be given to the words of the entries in the Schedule 7of the Indian Constitution and the court shall be liable for harmonising the different entries and lists.




     Thus, it can be concluded with the note that the court shall have to play an important role in case of any conflict between two or more parts or provisions or statutes. The main aim of this doctrine is to avoid conflict between the statutes by the court by considering the objectives and the scopes of the statutes or provisions. Thus, it can be stated that proper interpretation of the statutes and understanding the intent of the provisions are essential in order to apply the doctrine of Harmonious Construction.