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Doctrine of Res Judicata
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] One such doctrine which is adopted in India and is been evolved under English Jurisprudence is Doctrine of Res Judicata. The real legal maxim was ‘res judicata pro veritate accipitur’[2] which over the years converted to the word ‘res judicata’. The literal meaning of Res Judicata…
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Doctrine of Repugnancy
The Indian structure of governance is Quasi federal with a unitary system of distribution of power. This means that the Center and the States have the power to make legislations exclusively over some subject matters while there are still some area where a unitary form of distributions of power where central is deemed superior under certain circumstances.[1] This federal nature is embodied in Part XI of the India constitution. Chapter 1 of Part XI provides for the distribution of legislative powers between the Parliament and state legislature. Chapter 1 contains Article 245-255, Article 245 confers law making power for the whole or part of the territory of India to the…
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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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From Vows to OCI: A Foreigner’s Guide to Marriage Registration in India and OCI Application
When a foreign national intends to marry an Indian citizen, the marriage can be legally recognized under the Special Marriage Act in India. This Act facilitates the registration of marriages without the need to consider the religious or faith backgrounds of either party involved. The following is a detailed guide on the process, including necessary documentation and important conditions: Step 1: Notice of Intended Marriage Visit the Marriage Registrar’s Office: The couple must go to the office of the Marriage Registrar in the district where at least one of the parties has resided for a minimum of 30 days preceding the date of filing the notice. File a Notice: Submit…
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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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Essential Guide for Foreigners Incorporating a Company in India
In India, Indian nationals, foreign nationals, and foreign entities can register various types of companies or business structures, depending on their business objectives, investment size, and the level of liability they are willing to accept. The Companies Act, of 2013, and other relevant laws regulate these entities. Here are the primary types of companies that a foreigner can register in India: 1. Private Limited Company Most popular among foreign investors due to its flexibility, limited liability, and ease of raising capital. Requires a minimum of two shareholders and two directors, with at least one director being an Indian resident. The maximum number of members is restricted to 200. 2. Public…
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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…
