Resolving The Obscurity Of Conflicting Clauses In A Document

INTRODUCTION

Traditionally, when it comes to the contradiction between any two articles of the Constitution of India¹ or any provisions of an Indian statute² enforced by law, the courts have resorted to the usage of the Doctrine of Harmonious Construction.³ This rule of interpretation works on the premise that when faced with contradictory provisions, the attempt should be made to construe such provisions harmoniously in order to avoid any clash between those provisions and to assure consistent enactment of the entire statue without uprooting the purpose of any provision.

However, in cases when the courts are faced with the presence of two conflicting clauses in any document, for example, a sale deed/ gift deed / etc., Will of a person or any other commercial agreement, where the courts are left with an option of choosing one clause over another, this rule of interpretation (Doctrine of Harmonious Construction) does not find much relevance which is being mainly