Famous Doctrines Test-2

The Doctrine of Pith and Substance is used to determine under which head of power a given piece of legislation falls when it is challenged on the basis of encroachment on the exclusive jurisdiction of another level of government. This doctrine helps in ascertaining the true nature and character of a law and in which legislative list it belongs.

The Doctrine of Eclipse asserts that a law inconsistent with Fundamental Rights is not void ab initio but becomes unenforceable and overshadowed by Fundamental Rights. It remains dormant but not entirely dead, and its inconsistency with Fundamental Rights can be eliminated through constitutional amendments.

The Doctrine of Harmonious Construction is used to interpret conflicting provisions of a statute in a way that gives effect to both provisions without rendering any part of the statute ambiguous or useless. It aims to bring harmony between conflicting provisions and avoid clashes.

The Doctrine of Judicial Review empowers the Judiciary to interpret the law and declare any law inconsistent with the constitution as void. It allows the Judiciary to check the exercise of power by public authorities and ensure constitutional validity.

The Doctrine of Public Trust holds that resources like rivers, seashores, forests, and the air are held by the government in trusteeship for the free and unrestricted use of the general public. It obligates the government to protect and maintain these resources for public use.

The Doctrine of Polluter Pay allows polluters to be held liable for causing pollution and requires them to compensate for the harm done to the natural environment. It is based on the principle that those who cause pollution should bear the cost of remediation.

In the Doctrine of Public Trust, the state acts as a trustee of natural resources meant for public use and is duty-bound to protect and conserve these resources for future generations. It ensures that these resources are not converted into private ownership.

The Doctrine of Basic Structure asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala. It safeguards the core features of the constitution.

The Doctrine of Territorial Nexus allows the Judiciary to determine whether a particular piece of legislation falls within the territorial nexus or not. It examines whether there is a link between the state and the purpose of the law.

The Doctrine of Judicial Review involves the power of the Judiciary to interpret the law and declare it inconsistent with the constitution void. It serves as a check on the exercise of power by public authorities and ensures constitutional validity.