DOCTRINE OF THE INDIAN CONSTITUTION

PRERNA FOR IAS

DOCTRINE OF THE INDIAN CONSTITUTION

1. Basic Structure Doctrine

The Basic Structure Doctrine states that Parliament can amend the Constitution but cannot alter or destroy its fundamental features. Established in the landmark case of Kesavananda Bharati v. State of Kerala, it protects essential principles such as democracy, federalism, secularism, and judicial review.

2. Separation of Powers

The doctrine of Separation of Powers divides governmental authority among the Legislature, Executive, and Judiciary. Each organ performs distinct functions and acts as a check on the others. This principle prevents concentration of power, promotes accountability, and safeguards democratic governance and constitutional balance in India.

3. Pith and Substance Doctrine

The Doctrine of Pith and Substance is used to determine the true nature and purpose of a law. It helps resolve conflicts between Union and State legislative powers. Courts examine the law’s main objective rather than incidental effects to decide whether the legislature acted within its authority.

4. Incidental or Ancillary Powers

This doctrine states that when a legislature has the authority to make laws on a particular subject, it also possesses power over related incidental or ancillary matters. It ensures effective law-making by allowing legislatures to address issues necessary for implementing their primary legislative powers.

5. Doctrine of Severability

The Doctrine of Severability provides that if a portion of a law is unconstitutional, only that specific part is declared invalid. The remaining valid provisions continue to operate if they can function independently. This doctrine prevents the entire law from being struck down unnecessarily by courts.

6. Doctrine of Eclipse

The Doctrine of Eclipse applies mainly to pre-Constitution laws that conflict with Fundamental Rights. Such laws are not completely void but become inactive or dormant to the extent of inconsistency. If the constitutional obstacle is removed, the law can revive and become operative again.

7. Doctrine of Territorial Nexus

The Doctrine of Territorial Nexus allows a state legislature to make laws affecting persons or activities outside its territory if a sufficient connection exists. Courts recognize such laws when a real and meaningful territorial relationship links the subject matter to the concerned state.

8. Doctrine of Colourable Legislation