What are Doctrines?
Judicial doctrines form a significant part of the Indian constitution, which is usually considered a part of the Indian judiciary. A doctrine simply means a principle, belief, or position often held by authorities like courts, or it can be a rule, a theory or a tenet of law. There are several judicial doctrines applied under the Indian Constitution that law students find difficult to remember. So, let's wrap up every important doctrine in this article.
Doctrine of Basic structure
The Doctrine of Basic Structure is not explicitly mentioned in the Constitution of India. Rather, it is a judicial innovation that was established by the Supreme Court in the landmark case Kesavananda Bharati v. State of Kerala (1973). Read more
Doctrine of Severability
The Doctrine of Severability, also known as the Doctrine of Separability, safeguards citizens' fundamental rights by ensuring that an invalid or unconstitutional provision does not taint an entire law. Read more
Doctrine of Eclipse
The Doctrine of Eclipse is enshrined in Article 13(1) of the Constitution of India, 1950 (COI). This doctrine deals with laws that existed before the Constitution came into force, often referred to as pre-constitutional laws or existing laws. Read more
Doctrine of Pith & Substance
The Doctrine of Pith and Substance is a crucial legal principle in constitutional law, used to understand the true nature and scope of legislation, particularly when it spans multiple areas of jurisdiction in a federal system. Read more
Doctrine of Territorial Nexus
The Doctrine of Territorial Nexus asserts that laws made by a State Legislature are generally only applicable within the boundaries of that State, unless there is a sufficient connection or nexus between the State and the subject matter of the law. Read more
Doctrine of Repugnancy
Repugnancy refers to a contradiction or inconsistency between two or more provisions within a statute. The Doctrine of Repugnancy is enshrined in Article 254 of the Constitution of India, 1950 (COI). This article deals with conflicts between laws made by Parliament and those made by State Legislatures. Read more
Doctrine of Harmonious Construction
When a legislative enactment is passed, it is crucial that the text of the law is clear and free from ambiguity. In situations where there are inconsistencies between two or more statutes or sections of a statute, the Doctrine of Harmonious Construction is applied to resolve the conflict.Read more
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