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Which of the following doctrines are applicable in India?
1. Doctrine of the sovereignty of Parliament.
2. Doctrine of Legal Precedent
3. Doctrine of Eclipse
4. Doctrine of Severability
Select the correct answer using the code given below:
- a)1, 2 and 3 only
- b)2, 3 and 4 only
- c)3 and 4 only
- d)1, 2, 3 and 4
Correct answer is option 'B'. Can you explain this answer?
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Which of the following doctrines are applicable in India?1. Doctrine o...
Doctrine Applicability in India:
Doctrine of Legal Precedent:
- This doctrine is applicable in India as the Indian legal system follows the common law tradition.
- Legal precedents set by higher courts are binding on lower courts.
- The Supreme Court of India is the highest judicial authority in the country and its decisions are considered as law of the land.
Doctrine of Eclipse:
- The doctrine of eclipse is applicable in India as well.
- It states that a law declared void by the Constitution remains in a state of eclipse until it is amended to make it valid.
- The Supreme Court has used this doctrine in various cases to determine the validity of laws.
Doctrine of Severability:
- The doctrine of severability is also applicable in India.
- It allows the court to strike down only the unconstitutional parts of a law while leaving the rest intact.
- This doctrine is often used by the courts to ensure that only the offending provisions of a law are invalidated.
Therefore, the correct answer is option 'B' as all three doctrines - Legal Precedent, Eclipse, and Severability - are applicable in India.
Doctrine of Legal Precedent:
- This doctrine is applicable in India as the Indian legal system follows the common law tradition.
- Legal precedents set by higher courts are binding on lower courts.
- The Supreme Court of India is the highest judicial authority in the country and its decisions are considered as law of the land.
Doctrine of Eclipse:
- The doctrine of eclipse is applicable in India as well.
- It states that a law declared void by the Constitution remains in a state of eclipse until it is amended to make it valid.
- The Supreme Court has used this doctrine in various cases to determine the validity of laws.
Doctrine of Severability:
- The doctrine of severability is also applicable in India.
- It allows the court to strike down only the unconstitutional parts of a law while leaving the rest intact.
- This doctrine is often used by the courts to ensure that only the offending provisions of a law are invalidated.
Therefore, the correct answer is option 'B' as all three doctrines - Legal Precedent, Eclipse, and Severability - are applicable in India.
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Which of the following doctrines are applicable in India?1. Doctrine o...
- Doctrine of the sovereignty of the Parliament: The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and fundamental rights. (Hence statement 1 is incorrect)
- Doctrine of Legal Precedent: Doctrine of Legal precedent declares that cases must be decided the same way when their material facts are the same. (Hence statement 2 is correct)
- Doctrine of Eclipse: The doctrine of Eclipse is applied in relation to a pre constitutional law which was valid when it was enacted. Subsequently when the Constitution came into force a shadow falls on it because it is inconsistent with the Constitution. The act is eclipsed. (Hence statement 3 is correct)
- Doctrine of severability: Under the doctrine of severability, only the offending provision(s) of the act would be declared void and not the whole act. In other words, there is no need to nullify the whole act if only a part of it violates fundamental rights. Only the offending part needs to be nullified. (Hence statement 4 is correct)
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Which of the following doctrines are applicable in India?1. Doctrine of the sovereignty of Parliament.2. Doctrine of Legal Precedent3. Doctrine of Eclipse4. Doctrine of SeverabilitySelect the correct answer using the code given below:a)1, 2 and 3 onlyb)2, 3 and 4 onlyc)3 and 4 onlyd)1, 2, 3 and 4Correct answer is option 'B'. Can you explain this answer?
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