Top 10 Doctrines Every Law Student Should Know
1.Doctrine Of Basic Structure
The ‘Doctrine of Basic Structure’ was propounded by the Indian Judiciary in Kesavananda Bharati v. State Of Kerala to put a limitation on the amending powers of the Parliament so that the ‘basic structure of the constitution of India’ cannot be amended in exercise of its ‘constituent power’ under the Constitution. In this case court said ” the basic structure may be said to consist of the following features:”
Supremacy of the constitution
Republican and Democracy form of Government
Secular character of the constitution
Separation of powers between the Legislature, the executive,and the judiciary
Federal character of the constitution.
The power to amend the Constitution of India is in the hands of the Parliament under Article 368 of the Constitution, but parliament can not destroy the basic structure of The Constitution while using this power.
2. Doctrine Of Judicial Review
Judicial review is the authority of the courts to declare laws or actions of government officials unconstitutional. It is the ability of the Court to interpret laws and executive actions in the light of the Constitution. If such law is found to be violative to the provisions of The Constitution of India, or the actions taken are beyond the powers granted by the Constitution, it is liable to struck down by the Court as void under Article 32 and 226 of the Constitution of India.
3. Doctrine Of Pith And Substance
According to the doctrine of Pith and Substance, where the question arises of determining whether a particular law relates to a particular subject matter mentioned in one List or another, the court looks to the substance of the matter. If the substance falls within Union List, then the incidental encroachment by the law on the State List does not make it invalid.
4. Doctrine Of Colourable Legislation
The doctrine of colourable legislation is based upon the maxim that what cannot be done directly, cannot be done indirectly too. It becomes applicable when a legislature seeks to do something in an indirect manner what it cannot do directly. It refers to the question of competence of the legislature concerned to enact a particular law. The Doctrine was applied by the Supreme Court in the case of State of Bihar v. Kameshwar Singh. In this case the court held that The Bihar Land Reforms Act was invalid.
5. Doctrine Of Natural Justice
The Doctrine of Natural Justice consist two basic principle:
Nemo Judex In Causa Sua it means that a man should not be the judge in his own cause. it is also known as rule against bias
Audi Alteram Partem it means hear the other side. It says no person shall be condemned without being heard.