Key Legal Doctrines Under Articles 19 & 20
Without further delay, let’s dive into the key legal doctrines under articles 19 & 20 :-
Legal Doctrines Under Article 19
1. Principle of Proportionality of Restrictions (Article 19)
Restrictions should not be arbitrary or beyond what is required for achieving the object
Example :- Chintaman Rao v. State of Madhya Pradesh (1950)
Facts:
- A law prohibited certain professions, including beedi-making, in specific districts to prevent child labor.
- The petitioner argued that this law completely deprived workers of their livelihood.
Judgment:
- The Supreme Court ruled that an absolute ban on a profession is unreasonable and violates Article 19(1)(g) (Right to Profession).
- The court emphasized that restrictions should be proportionate and not eliminate fundamental rights entirely.
✅ Principle Applied: The restriction was excessive and failed the proportionality test, as it completely prohibited the trade instead of regulating it.
Legal Doctrines Under Article 20 – Protection in Conviction for Offenses
2. Ex Post Facto Law – A law which imposes penalty retrospectively
A law cannot impose a penalty retrospectively (after an act has been committed). This protects individuals from being punished for actions that were not crimes at the time they were committed.
✅ Example: If a law passed in 2024 criminalizes an act done in 2023, it cannot punish individuals for past actions.
3. Double Jeopardy – No person shall be prosecuted and punished for the same offence more than once.
No person shall be prosecuted and punished for the same offence more than once. This ensures fair trial rights.
✅ Example: If a person is acquitted of theft, they cannot be tried again for the same theft charge.
4. Nemo Debet Bis Vexari Pro Una et Eadem Causa – A man shall not be vexed twice for one and the same cause.
Latin for “A man shall not be vexed twice for the same cause”, this reinforces the double jeopardy principle, preventing repeated legal harassment for the same offence.
✅ Example: A person acquitted of fraud cannot be subjected to another trial for the same fraudulent act.
5. Nemobis Punitur Pro Eodem Delicto – No one can be punished twice for the same offence
Meaning “No one can be punished twice for the same offence,” this upholds fairness in legal punishment.
✅ Example: If a person is fined for a traffic violation, they cannot be sentenced to jail for the same violation.
6. Autrefois Convict – A defendant’s plea stating that he has already been tried for and convicted of the same offence.
A defendant can plead Autrefois Convict, meaning they have already been tried and convicted for the same offence.
✅ Example: If a person was convicted of burglary and served their sentence, they cannot be retried for the same burglary.
7. Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis – A new law ought to be prospective and not retrospective in operation
This means “A new law ought to be prospective and not retrospective.” A new law cannot punish past actions.
✅ Example: If a law in 2025 bans smoking in public places, it cannot punish someone for smoking in 2024.
8. Doctrine of Self-Incrimination – No person accused of any offence shall be compelled to be witness against himself
No person accused of a crime shall be compelled to testify against themselves. This doctrine ensures the right to silence and fair trial.
✅ Example: Under Article 20(3), an accused cannot be forced to confess to a crime under police pressure.
9. Nemo Tenetur Prodere Accusare Scipsum – No man is bound to accuse himself
Latin for “No man is bound to accuse himself,” reinforcing the right against self-incrimination.
✅ Example: A person accused of theft cannot be forced to reveal incriminating evidence against themselves.
Conclusion of Key Legal Doctrines Under Articles 19 & 20
These principles uphold fairness, justice, and individual rights in India’s legal framework.
We hope you now understand the Key Legal Doctrines Under Articles 19 & 20
If you want to learn about key doctrines under Articles 12,13 and 14 Then Click on given link .
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