Doctrines

A very good question Ananta! Bravo.

The Constitution of India is a living documents With three type of doctrine in constitution of India. 1 Doctrine of severability 2Doctrine of eclipse 3Doctrine of wavier 1) doctrine of severability :- one thing to noted in article 13 is that, it is not the entire law which is affected by the provisions in part 3, but on the other hand, the law become invalid only to the extent to which it is inconsistent with the fundamental rights. So only that part of the law will be declared invalid which is inconsistent, and the rest of the oaw will stand. However, on this point a clarification has been made by the courts that invalid part of the law shall be severed and declared invalid if really it is severable, i.e if after separating the invalid part the valid part is capable of giving effect to the legislature’s intent, then only it will survive, otherwise the court shall declare the entire law as invalid. This is known as severability. 2) doctrine of eclipse:- the another noteworthy in a article 13 is that, though an existing law inconsistent with a fundamental right become in operative from the date of the commencement of the constitution, yet it is not dead altogether. A law made before the commencement of the constitution remains eclipsed or dormant to the extent it comes under the shadow of the fundamental rights 3) doctrine of waiver:-- the doctrine of waiver of right is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such right as are conferred on him by the state. However the person must have the knowledge of his rights and that the waiver should be voluntary.

Courts believe doctrines are motivating factors for the principles found in the constitution. There is a scheme of things in the Constitution. If you wonder why such scheme, then courts find out a design in that, and term it as doctrine.

Doctrines are post facto explanation given to the scheme of things  in Constitution. They are also explanation of what courts believe about the scheme of Constitution.

Example:An Act contains allthings intra virus except one ultravirus

Now whether to decide the whole act un-constitutional or only that part.

Courts think that it might not be the intention of constitution to strike downin entirety for one single flaw

If the act is valid even without that part then, why strike the entire thing --Doctrine of Severability-

Hence Doctrines are instuments of interpretation of Constitution

Different theory to different case

Difference with the changing times and that is the reason why it a living documents not a dead letter.

There are many doctrines---- apart from what my dear friend had said. One I am telling and that is Doctrine of "mori-bund".

 

Soon I will be updating about more doctrines. As Constitution is my passion!!!