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Doctrine Of Harmonious Construction – A Critical Analysis




Gururaj D. Devarhubli, Assistant Professor, Institute of Law, Nirma University & Bushra Sarfaraj Patel, B.A.LL.B., Parul Institute of Law, Parul University


ABSTRACT


A legislature drafts laws with the utmost care while keeping in mind the about present, future, and exceptional circumstances like a pandemic or natural disasters. However, the legislature always leaves lacunae in the law for the purpose to broaden the scope of the law and to implement law better on a precedent basis. In order to harmonize the differences in the legislature, it is pertinent to construct a doctrine so as to balance such repugnancies, redundancies and anomalies in the law, legislation or statute which is also known as the 'doctrine of harmonious construction. This research paper broadly studies the origin or history of the doctrine, its salient features, landmark decisions, and critical analysis of the doctrine. The researcher has utilized a plethora and judicious mix of primary and secondary data to back-up her findings in the research work.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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