There is an irreconcilable contradiction between two sections of the same Act. What is the rule of interpretation in such a case? Discuss

Facts in the Case

• A statute contains two sections that are in direct conflict with each other.
• The contradiction is such that both provisions cannot operate simultaneously or be harmonized.
• The issue arises as to how such internal contradictions in the same Act should be interpreted.
• The validity and application of one or both provisions is in question due to the irreconcilable inconsistency.

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Issues in the Case

• What is the legal consequence when two provisions of the same Act contradict each other?
• Which interpretative rule should be applied to resolve the contradiction?
• Can one section override or render the other ineffective? If so, on what basis?

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Principles Applied

1. Rule of Harmonious Construction

• Courts first attempt to reconcile the provisions through the rule of harmonious construction.
• Every clause in a statute is presumed to have a purpose, and courts strive to give effect to both unless truly impossible.

Case Law: Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255
The Supreme Court held that when there is apparent conflict between two provisions, courts should interpret them harmoniously so as to give effect to both.

2. When Harmonious Construction Fails

• If harmonization is impossible, and the provisions are truly irreconcilable, then courts apply the rule that: “The later provision prevails over the earlier.”
• This is based on the principle that the legislature is presumed to be aware of the earlier provision and intended the later one to override it.

Maxim Applied: Leges posteriores priores contrarias abrogant
(Later laws abrogate earlier contrary laws.)

3. Specific vs. General Provision

• If one provision is general and the other specific, the specific provision prevails, even if enacted earlier.
• This is called the Generalias Specialibus Non Derogant rule.

Case Law: South India Corpn. (P) Ltd. v. Secretary, Board of Revenue, AIR 1964 SC 207
The Supreme Court clarified that in case of a conflict between a general and specific provision, the specific provision will prevail.

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Judgment / Conclusion

• Where there is an irreconcilable contradiction between two provisions of the same Act:
  1. The court will first apply the rule of harmonious construction to give effect to both.
  2. If harmonization is not possible, the later provision will prevail over the earlier one.
  3. Additionally, if one is special and the other general, the special provision will prevail, regardless of chronological order.