There 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 provisions (Sections) that appear to be in direct conflict with one another.
Both sections are part of the same Act, passed by the same legislature, and are intended to operate together.
The contradiction is such that both provisions cannot be given full effect simultaneously without causing legal inconsistency.
The question arises: How should such an irreconcilable conflict be resolved?

What is the proper rule of interpretation when two provisions of the same statute contradict each other?
Can both provisions be harmonized, or must one prevail over the other?
If not harmonizable, which provision should be given effect?

The first and foremost principle is that courts will try to reconcile the two provisions.
The doctrine of harmonious construction requires that the statute must be read as a whole, and conflicting provisions must be interpreted in a manner that gives effect to both, if possible.

The Supreme Court held that when two sections are apparently conflicting, they must be interpreted harmoniously so that no part is rendered redundant.

If harmonization is not possible, then the later provision prevails as per the rule:
“Generalia specialibus non derogant” – general provisions do not override special provisions.
Additionally, where the two are irreconcilable, and both are part of the same enactment:
- The section later in position or enacted later in time may prevail over the earlier one.

The court observed that when two provisions are in irreconcilable conflict, and harmonization fails, the later provision will override the former.

The intention of the legislature is the guiding principle.
Courts must look at the object of the Act, and interpret the provisions in such a way that the purpose of the legislation is not defeated.

The Supreme Court emphasized that the object and purpose of the Act must guide the interpretation when provisions conflict.

Where there is an irreconcilable contradiction between two provisions of the same statute, courts must first:
- Apply the rule of harmonious construction to give effect to both.
If reconciliation is not possible, then:
- The later section may prevail over the earlier one, especially if it reflects a more specific intention of the legislature.
Interpretation must always be aligned with the spirit, purpose, and context of the Act.