Key Doctrines Under Articles 12 & 13 of the Indian Constitution
Key Doctrines in Constitutional Law with Examples
The Indian Constitution incorporates several legal doctrines that help in interpreting and enforcing fundamental rights. Here, we discuss five important Key Doctrines Under Articles 12 & 13 of the Indian Constitution ,along with real-life case examples.
1. Ejusdem Generis (Of the Same Kind) – Article 12
The doctrine of Ejusdem Generis is used in legal interpretation to ensure that general words following specific terms are interpreted in the same category. In Article 12, the term “other authorities” is interpreted using this principle, meaning only organizations similar to government bodies fall under the definition of “State.”
🔹 Example: In University of Madras v. Santa Bai (1954), the court ruled that “other authorities” in Article 12 must include bodies with government-like powers and functions.
2. Ab Initio (From the Very Beginning) – Article 13
Ab Initio means from the very beginning. Under Article 13, if a law violates fundamental rights, it is considered void ab initio—meaning it was never valid from its inception. This doctrine ensures that unconstitutional laws do not have any legal effect.
🔹 Example: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that any constitutional amendment that violated the Basic Structure of the Constitution would be considered void ab initio.
3. Doctrine of Judicial Review – Articles 13, 32, 226
This doctrine empowers the Supreme Court and High Courts to review laws. If a law contradicts fundamental rights, the courts can declare it unconstitutional. Judicial Review ensures that legislative and executive actions remain within constitutional limits.
🔹 Example: In Minerva Mills v. Union of India (1980), the Supreme Court struck down parts of the 42nd Amendment for violating fundamental rights, reaffirming the power of Judicial Review.
4. Doctrine of Eclipse – Article 13
This doctrine states that if a law violates fundamental rights, it does not become void ab initio but instead becomes unenforceable. However, if the fundamental right in question is later amended, the law can become valid again. The law remains in a dormant state but is not completely removed.
🔹 Example: In Bhikaji Narain Dhakras v. State of M.P. (1955), a law that was invalid due to fundamental rights violations was later revived when constitutional amendments changed the relevant provisions.
5. Doctrine of Severability – Article 13
This doctrine ensures that if a part of a law violates fundamental rights, only the unconstitutional part is struck down, while the rest of the law remains valid. Courts apply this principle to preserve laws as much as possible while ensuring compliance with the Constitution.
🔹 Example: In R.M.D. Chamarbaugwalla v. Union of India (1957), the Supreme Court held that only the unconstitutional part of a law should be removed, and the remaining provisions could still be enforced.
Conclusion – Key Doctrines Under Articles 12 & 13 of the Indian Constitution
These doctrines play a crucial role in upholding the supremacy of the Constitution and protecting citizens’ rights. By interpreting laws in a way that ensures fairness and justice, the Indian judiciary maintains constitutional integrity while adapting to changing legal and social needs.
We hope you now understand the Key Doctrines Under Articles 12 & 13 of the Indian Constitution .
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