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Important doctrines of the Constitution

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POPULAR POSTS
Doctrine of Pith and Substance
Pith means "true nature" or "essence" and substance means the Current Scenario of Reservation in India..
essential nature underlying a phenomenon. Thus, the doctrine of pith Advantages & Disadvantages
and substance relates to nding out the true nature of a statute. The "It is against the fundamental principles of
humanity, it is against the dictates of
basic idea behind this principle is that an act or a provision created by reason that a man should, by reason of birth, be...
the State is valid if the true nature of the act or the provision is about a
subject that falls in the State list. This doctrine is widely used when Burden of proof and Onus of proof
deciding whether a state is within its rights to create a statute that The Court can decide a case only by
considering the truth and value of the
involves a subject mentioned in Union List of the Constitution. several facts alleged and proved by the
parties as the facts ar...

Doctrine of Colourable Legislation

Di erence between Partnership and Joint Hindu
The doctrine of Colourable legislation is based on the principle that what cannot be done directly
family
cannot be done indirectly. In other words, if the constitution does not permit certain provision of a 1. Formation - The basis of Partnership rm
legislation, any provision that has the same e ect but in a roundabout manner is also is a contract between persons whereas a
Hindu undivided family is created by status i.e., a ...
unconstitutional. A thing is colourable when it seems to be one thing in the appearance but
another thing underneath. 
Doctrine of Holding Out
Partnership by Holding Out is also known
Doctrine of Eclipse as partnership by estoppels. Holding out is
merely application of the principle of
The Doctrine of Eclipse provides for the validation of Pre-Constitution Laws that violate estoppel whi...
fundamental rights upon the premise that such laws are not null and void ab initio but become
unenforceable only to the extent of such inconsistency with the fundamental rights. If any RECENT POSTS COMMENTS
subsequent amendment to the Constitution removes the inconsistency or the con ict of the
existing law with the fundamental rights, then the Eclipse vanishes and that particular law again Modi Government: Will PNB (Punjab National Bank)
fraud take over Modi Government?
becomes active again.
 Admin  Feb 15, 2018

Doctrine of Stare Decisis

FIR against internet sensation Priya Prakash
Latin term ‘stare decisis’ means "to stand by that which is decided". Stare decisis is a doctrine or Varrier’s song for hurting religious sentiments
policy of following rules or principles laid down in previous judicial decisions. It is the principal that  Admin  Feb 14, 2018
maintains that previous decisions are to be followed by the courts. This policy dictates that the
court must abide or adhere to decided cases. When a point has been settled by a decision in court, Delhi HC allows Kejriwal plea in defamation case
this forms a precedent that must not be departed from. against Jaitley
 Admin  Feb 06, 2018

Principle of Incidental or Ancillary Powers

The Principle of Incidental or Ancillary Powers means that the power to legislate on a subject also FACEBOOK
includes power to legislate on ancillary matters that are reasonably connected to that subject. It is
not always su cient to determine the constitutionality of an act by just looking at the pith and
substance of the act. In such cases, it has to be seen whether the matter referred in the act is LABELS

essential to give e ect to the main subject of the act. The underlying idea behind this principle is
that the grant of power includes everything necessary to exercise that power. Arun Jaitley (2) BJP (3) Compulsory Education (1)

Congress (1) Crimes (1) delhi goverment (1)

Principle of Harmonious Construction
Domestic violence rules 2005 (1) Enrica Lexie case (1)

FIR (2) Free Education (1) Fundamental Right (1)

Goods and Services Tax (1) gst (1) indian law (2)

Italian mariners (1) Lawyers in Negligence Cases (1)

Lok Sabha (1) Narendra Modi (2) News (3)

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5/4/2018 Important doctrines of the Constitution - Latest law News

police station (1) Prime Minister (1) recent (4)

Right of Children to Free and Compulsory Education Act 2009 (1)

Right to Education (1) Right to Information (1)

RTE Act (1) RTI (1) witness protection (1)

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Current Scenario of Reservation in India..

The principle of harmonious interpretation is similar to the idea of broad or purposive approach.
Advantages & Disadvantages
The key to this method of constitutional interpretation is that provisions of the Constitution should "It is against the fundamental principles of
be harmoniously interpreted. .” A provision of the constitution must be construed and considered humanity, it is against the dictates of
reason that a man should, by reason of birth, be...
as part of the Constitution and it should be given a meaning and an application which does not lead
to con ict with other Articles and which con rms with the Constitution’s general scheme. When
there are two provisions in a statute, which are in apparent con ict with each other, they should be
interpreted such that e ect can be given to both and that construction which renders either of
them inoperative and useless should not be adopted except in the last resort. 

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