Doctrines in Indian Constitution
Doctrines in the Indian Constitution — important principles developed by the judiciary to interpret and apply constitutional law:
Key Doctrines in the Indian Constitution
1. Doctrine of Basic Structure
Established in the Kesavananda Bharati case (1973).
It states that Parliament can amend the Constitution, but cannot alter its “basic structure” or essential features.
Examples of basic structure features: supremacy of the Constitution, secularism, democracy, separation of powers, rule of law, etc.
This doctrine limits the power of constitutional amendments.
2. Doctrine of Separation of Powers
The Constitution divides the government into three branches: Legislature, Executive, and Judiciary.
Each branch has distinct functions and powers.
Prevents concentration of power and promotes checks and balances.
Though not absolute in India, it guides the relationship between organs.
3. Doctrine of Prospective Overruling
When the Supreme Court or High Court declares a law or act unconstitutional, it may make that ruling prospective.
This means the decision will apply only from the date of judgment forward, not affecting past actions.
Protects legal stability and prevents chaos.
4. Doctrine of Pith and Substance
Used to resolve conflicts of laws between the Union and States.
When a law appears to be on a subject outside the legislative competence of the enacting body, courts look at its “pith and substance” (true nature).
If the main substance is within the power, the law is valid even if it incidentally encroaches on other subjects.
5. Doctrine of Eclipse
If a pre-constitutional law conflicts with fundamental rights, it becomes eclipsed (inactive) but not void.
It can revive if the conflict is removed by amendment or change in circumstances.
Unlike being struck down, it’s temporarily inoperative.
6. Doctrine of Severability
If part of a law is unconstitutional, the rest of the law can still remain valid if it can function independently.
The unconstitutional portion is “severed” and removed.
7. Doctrine of Legitimate Expectation
Protects the expectation of citizens or entities that the government will follow certain established procedures or promises.
If violated, the court can intervene to ensure fairness.
Summary Table
| Doctrine | Purpose/Principle | Example/Case |
|---|---|---|
| Basic Structure | Limits Parliament’s amendment power | Kesavananda Bharati (1973) |
| Separation of Powers | Divides government powers | Structural principle of Constitution |
| Prospective Overruling | Court rulings apply only from judgment date | R.C. Cooper case |
| Pith and Substance | Determines true nature of legislation | State vs. Union laws conflicts |
| Doctrine of Eclipse | Conflicting pre-constitutional laws become inactive | Fundamental Rights conflicts |
| Doctrine of Severability | Invalid parts of law can be severed | Partial unconstitutionality |
| Legitimate Expectation | Protection of procedural fairness | Administrative law cases |
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