Doctrine of Colourable Legislation:
- It means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly.
Doctrine of Pith and Substance:
- It states that if the substance of legislation falls within a legislature’s lawful power, the legislation does not become unconstitutional just because it impacts an issue beyond its area of authority.
Doctrine of Incidental or Ancillary Powers:
- It is a legal principle that states that the legislature may pass laws that have the effect of authorizing actions that the legislature could not otherwise authorize.
- It is applied where there is a need for the government to pass laws for the benefit of the country and people, that is not expressly stated in the constitution or any other legislation.
Doctrine of Eclipse:
- It is a principle that states that if any law or provision of a law which is inconsistent with the fundamental rights as has been guaranteed under the constitution of India;
- Then such law or such part as is inconsistent will be inoperative until the fundamental right is amended so as to not overshadow such law anymore.
Doctrine of Severability:
- It means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable (separable) from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
Doctrine of Repugnancy:
- Doctrine of repugnancy arises when two pieces of legislation have a conflict between them and when are applied to the same facts but they produce different outcomes or results.
- Article 254 of the Indian Constitution establishes successfully the Doctrine of Repugnancy in India.
- It deals with the difference of opinions in terms of law which arises between the Centre and States.
- As per the Article 254(1) of Indian Constitution, if any provision of law or the law which is made by the legislature of the State is repellent to any provision made by the Parliament, then the law which is made by the Parliament shall make triumph over the law which is enacted by the State.
Doctrine of Laches:
- It means if you have any legal claim, you have to approach the court promptly i.e., the courts will not help the person who sleeps over their rights but help those who are aware of their rights.
- This doctrine is used by the courts to deal with an inordinate delay that is occurring in filing a petition or complaint.
Doctrine of Harmonious construction:
- The Doctrine states that whenever there is a case of conflict between two or more Statutes or its parts/provisions, then provision of the statute should not be interpreted or construed in isolation but as a whole, so as to remove any inconsistency or repugnancy.
Doctrine of Waiver:
- It explains that a person, entitled to a right or privilege, is free to waive that right or privilege. It is voluntary relinquishment of a known existing legal right or privilege.
Doctrine of Territorial Nexus:
- According to this doctrine, laws made by a state legislature are not applicable outside that state, except when there is a sufficient nexus between the state and the object.
Doctrine of sovereign immunity:
- It is a legal doctrine which says a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, in its own courts.
- It is based on the British Jurisprudence that says the King can do no wrong and that he cannot be guilty of personal negligence or misconduct.
Doctrine of Parens patriae:
- This doctrine is used mostly in the Juvenile Justice legal system, when the government of the state has to play the role of a parent for children, elderly, mentally disabled, incompetent or physically disabled persons.
- The authority of taking the decisions for these people who are not able to take care of themselves and are solely dependent on the government, in their own hand.
Doctrine of Casus Omissus:
- It means if a particular case is omitted from the term of the statute, though such a case is within the obvious purpose of the statute and the omission appears to have been done by accident or inadvertence, the court cannot include the omitted case by supplying the omission.
- Casus omissus thus reflects the age-old tussle of the courts and the legislature. This is because the Courts are not inclined to interfere when a casus omissus is revealed by the legislature.
Doctrine of Reasonable classification:
- It allows government to classify people or things into different groups and treat them differently based on certain characteristics or criteria.
- Such classification needs to be reasonable and not arbitrary or discriminatory.
Doctrine of Res Judicata:
- It is a legal principle that prevents a party from relitigating a claim or issue that has already been finally adjudicated by a court.
- It promotes judicial efficiency, finality in litigation and provide certainty in the law.
Doctrine of guilt by association:
- It is the idea that a person can be held responsible for the actions or beliefs of another person or group with whom they are associated.
- This can occur even if the individual in question did not personally engage in the objectionable behavior or hold the same beliefs as the group they are associated with.
- In legal contexts, the doctrine of guilt by association is generally not recognized as a valid basis for assigning criminal responsibility.
- In social and political contexts, guilt by association can still be used as a form of criticism or condemnation.
Doctrine of Pleasure:
- This doctrine originated in England. The doctrine of Pleasure as exists in England means that the Crown (Executive Head) has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant.
Difference between doctrine of pleasure followed in England and in India:
In England:
- In England, the Crown is regarded as the Executive head and the civil services are part of the Executive.
- Thus, the civil servants work at the pleasure of the Crown which can remove them at any time.
- When the civil servants are removed from their service, they do not have the right to sue the Crown for wrongful termination and they also cannot ask for damages undergone due to wrongful termination.
In India:
- In India, as the President of India is the Executive Head of the Union, he has been vested with the power to remove a civil servant at any time under this doctrine.
- According to Article 310 of the Indian constitution, except for the provisions provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant under a State works at the pleasure of the Governor of that State.
- Thus, main difference between India and England is that doctrine of pleasure in India can be limited by constitutional provisions. For example, civil servants in India have been provided with some protection under Article 311.
