Published on 18 Mar 2025
The Supreme Court used the doctrine of harmonious construction in interpreting the seemingly conflicting Sections 3 and 5 of the Limitation Act, 1963.
• The doctrine of harmonious construction is a rule for interpreting laws that states that conflicting provisions should be interpreted in a way that harmonizes them.
• Harmonious construction aims to reconcile conflicting provisions within laws to prevent one part from undermining the intent of another.
• This doctrine traces its origins to the first amendment to the Constitution of India, notably highlighted in the Shankari Prasad Singh Deo Vs Union of India (1951) case, which addressed the conflict between Fundamental Rights and Directive Principles of State Policy.
• The Court employed harmonious construction to establish that Fundamental Rights could be modified by Parliament under specific circumstances to align with constitutional provisions.
• In essence, the Limitation Act, 1963, governs legal deadlines, with Section 3 stipulating that missing the deadline forfeits the right to sue, while Section 5 allows for exceptions under certain circumstances, granting the court discretion to accept late cases with valid justifications for the delay.
Indian judiciary
Judgments of SC
Doctrine of harmonious construction