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Q.2 What do you understand by the doctrine of harmonious construction? How has it helped in balancing religious rights with other fundamental rights in India? (10 Marks)

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Staff @CD

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Mentor’s Comments-

  • In introduction, briefly define what is the doctrine of harmonious construction.
  • In body, mention some instances where the Supreme Court through its judgements applied the doctrine of harmonious construction in balancing the right to religion with other fundamental rights. Thereafter, highlight challenges in application of this doctrine.
  • In the end, briefly show the importance of the doctrine and
    conclude at futuristic note.

Comments

2 responses to “Q.2 What do you understand by the doctrine of harmonious construction? How has it helped in balancing religious rights with other fundamental rights in India? (10 Marks)”

  1. AKANKSHA GUPTA Avatar
    AKANKSHA GUPTA

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    1. Staff @CD Avatar
      Staff @CD

      Akanksha

      Your concept is okay, but presentation can be made a bit better.
      Try to simplify the introduction, first paragraph seems just a repetition of the doctrine itself.
      You could simply mention that it is used for statutory interpretation when provisions of two laws conflict with each other.
      Next part about SC interpretation is good.
      After that the answer turns a bit into essay mode.
      You could first mention some examples where the principle has been used. Sabarimala is good , next example of Triple Talaq verdict, Venkataramana Devaru case etc can be mentioned.
      After that, mention some of the challenges like essential religious practice test and contradicting judgements by the SC in similar cases.
      Finally conclude by once again emphasizing the importance of the doctrine.
      Keep practicing. 🙂

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