Famous Doctrines Test-1

The Doctrine of Eclipse applies when a pre-constitutional law is inconsistent with fundamental rights. It renders the law dormant, temporarily overshadowed by the fundamental rights, but not void from its inception. Once the inconsistency is removed, the law can become active again. This doctrine is a safeguard to protect fundamental rights against pre-constitutional laws.

The Doctrine of Judicial Review empowers the courts to review and scrutinize the constitutionality of government actions, including legislative and executive actions. If these actions are found to violate the basic principles of the constitution, the courts have the authority to declare them null and void. This doctrine plays a vital role in upholding the supremacy of the constitution.

The Doctrine of Severability allows the removal of the invalid part of a provision while keeping the rest of the provision valid, as long as it does not alter the nature or structure of the legislation. This doctrine ensures that only the unconstitutional portion is struck down, preserving the valid aspects of the law.

The Doctrine of Pith and Substance is used to determine the true nature and character of a law when it relates to subjects mentioned in different legislative lists. It helps in deciding whether a law falls within the legislative competence of a particular authority by examining the main objectives and scope of the law.

The Doctrine of Colorable Legislation is applied when a legislature tries to accomplish something indirectly that it cannot do directly within its constitutional authority. It is based on the principle that what cannot be done directly should not be done indirectly. This doctrine ensures that legislative actions are within their defined powers.

The Doctrine of Harmonious Construction focuses on interpreting conflicting provisions of the Constitution in a way that avoids direct clashes and gives effect to all provisions as much as possible. It ensures that the Constitution's various provisions work together cohesively and without contradictions.

The Doctrine of Colorable Legislation is based on the principle that "whatever legislature cannot do directly, it cannot do indirectly."It comes into play when a legislature attempts to achieve something indirectly that it cannot do directly within its constitutional authority.

The Doctrine of Eclipse applies when a pre-constitutional law is inconsistent with fundamental rights. It temporarily renders the law dormant, but it is not void from its inception. If the inconsistency with fundamental rights is removed, the law can become active again. This doctrine ensures that pre-constitutional laws do not infringe upon fundamental rights.

The Doctrine of Harmonious Construction allows the courts to interpret conflicting provisions of the Constitution in a way that avoids contradictions and ensures that all provisions are given effect as much as possible. It aims to maintain harmony and coherence within the Constitution's framework.

The Doctrine of Severability empowers the courts to remove the invalid part of a provision while preserving the validity of the rest, as long as it does not change the nature or structure of the legislation. This doctrine ensures that only the unconstitutional portion is struck down, allowing the valid aspects of the law to remain in effect.