Doctrine of harmonious construction
Topic: Directive Principles and Fundamental Duties · NCERT: Beyond NCERT
Meaning
The doctrine of harmonious construction is a rule judges use to interpret the Constitution and other laws. When two provisions seem to clash, the court reads them together so that both can work and neither becomes useless. Courts use it to fit Fundamental Rights and Directive Principles together. They do not let one side wipe out the other.
Example
In Minerva Mills (1980), the Supreme Court held that harmony and balance between Fundamental Rights and Directive Principles is part of the basic structure, which means the core features of the Constitution that no amendment can destroy. Neither part can be placed wholly below the other. In Kureshi (2005), the Court read Article 48 (cattle) together with Article 51A(g) (compassion for living creatures) to decide whether a ban on slaughter was a reasonable limit on Article 19(1)(g), the freedom of trade.
Don't confuse with
- Basic structure doctrine: this limits what Parliament can change by amendment. Harmonious construction is a way of reading provisions so that they fit together.