Constitution
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De Facto Doctrine
The word De Facto literally means, ‘in fact’ but the concept of De Facto and Doctrine of De Facto is different prima facie seems same but are different. If a person is having no authority and no power to make a law, make a decision or pass an order any decision taken, make a law or pass a judgment it will have no bases it will be void ab initio. And on the first impression it would be noted that, ‘a judgment given by a judge having no power is not a judgment’. But what happens to all the judgment passed will they be nullified? Will they be void ab…
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Doctrine of Fairness
The word doctrine is to be understood with legal concept as legal doctrines. Previously it was considered as the opinions of Catholic Church. But today the idea of doctrines have changed, it has evolved with the establishment of legal principles by different constitutions and courts. These are established legal principles by competent authority and are followed for long period for administration of justice.[1] These doctrines help to interpret the statutes in a better way and provide justice. Doctrine of fairness is one such doctrine that helps in interpretation of statute. It deals with administrative aspect of the law. It would mean that any work done is expected to be…
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Doctrine of Colorable Legislation
The doctrine of colorable legislation is built on the doctrine of separation of powers. The doctrine states that in a federal government, there should be powers separated between the legislature, executive, and judiciary. The primary function of the legislature is to make laws. The executive is the administrative head of the government and the judiciary applies the laws in each case to render natural justice and fairness. This doctrine is implemented to ensure that the liberty of the individuals is always held primary. It ensures the independence of each organ and prevents the legislature from making arbitrary laws. This is where the doctrine of colorable legislation plays a significant role.…
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Doctrine of Pith and Substance
The concept of pith and substance was first recognized in the Canadian constitution. It was introduced in the case of Cushing v. Dupuy[1] in the year of 1880. The Canadian and Indian system of governance and constitution is more of less similar. In the Canadian governance, the doctrine of pith and substance when applied has gone till the Privy Council for final appeal. The Canadian constitution has two lists enumerating subject matters for the dominion and provinces respectively. similar, to how the Indian constitution enumerated subjects in the seventh schedule and laid down their powers under article 246, the constitution of Canada through section 69, 91 and 92 of the…
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Doctrine of Basic Structure
The constitution of any country is the supreme law of the land and before the constitution everyone in the state is equal. The Indian constitution which came into force in 1950 is supreme and a legal document that enumerates the rights and duties of citizens, function, and powers of the government. Indian government divides the function between the centre and the state. There are three organs that fall into the functioning of the state- legislature, executive, and judiciary. In order to maintain a check on the actions of these organs there needs to be an express provision in place. In cases where such a provision is not present, the court…
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Article 21 and Due Process of Law
Introduction Article 21 is the heart and soul of the constitution of India. It provides for basic human rights. It is linked with the concept of natural law or natural justice. It says, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” It is couched in negative language but as it says no person that would include all the people not only citizens, to non-citizens, and even those whose citizenship is unknown.[1] That would mean to foreigners as well.[2] It has been adapted from the 5th and 14th Amendments of the US Constitution. Though Article 21 has been taken from US…
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International Law and Enforceability in India
International Conventions have been first listed under the UN Charter 1945 in Article 38 which lays down the relevant sources of International Law. They may be general or particular, but are expressly recognized by the ‘contesting states.’ International Conventions may be described as agreements between countries. It may also be referred to as a ‘contract between states.’ Conventions are usually agreements between two or more states. They lay down a set of rules for these states to act upon to bring about a greater change in certain global aspects or even at the domestic level. Conventions are used synonymously with Treaties and Covenants[1]. The former has been defined under the…
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Directive Principles of State Policy
The enforceability of the Directive Principles of State Policy by the courts. The laws governing India have many dimensions and interpretations. Its unique composure makes it stand out when compared to the rest of the world’s governing laws. Our country might have innumerable laws but the survival of these laws can only be sustained if they align with the constitution of India. Hence, from this, we can decipher that the constitution of India is the very law of the land, and the flexible interpretation of the articles according to the requirements of the country’s needs makes it the supreme law. The constitution of India has XXII parts (12 parts) with…
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Customary Law in India And Their Legal Aspects
CUSTOMARY LAW IN INDIA AND THEIR LEGAL ASPECTS Custom is a particular pattern of behavior or actions that are established in the community. It is a mechanism for ensuring social control, a set of directions for the humans to live within that community and for the society to be alive perpetually. The concept of custom is defined and opined upon by many scholars. Custom is a word that is used to apply to the totality of behavior patterns that are carried by tradition and lodged in the group, as contrasted with mere random personal activities of the individual.[1] On the other hand, Radin iterated that customs are regarded as habitual…
