list of doctrines the Constitution of India

📘 *LIST OF DOCTRINES - THE CONSTITUTION OF INDIA*

1. *Ejusdem Generis* – Means of the same kind. *(Article 12)*

2. *Ab Initio* – Means for the very beginning. *(Article 13)*

3. *Doctrine of Judicial Review* – A law is declared unconstitutional by the Supreme Court or High Court if it contravenes any of the Fundamental Rights. *(Articles 13, 32, 226)*

4. *Doctrine of Eclipse* – The law which contravenes Fundamental Rights is not void ab initio; it remains in a morbid condition and unenforceable. It is not totally wiped out from the statute book. *(Article 13)*

5. *Doctrine of Severability* – The whole law is not void under Article 13; only that portion which contravenes Fundamental Rights is void, and the rest remains operative. *(Article 13)*

6. *Doctrine of Rule of Law* – It means supremacy of law and absence of arbitrary power. *(Article 14)*

7. *Principle of Reasonable Classification* – Equals cannot be treated unequally and unequals cannot be treated equally. *(Article 14)*

8. *Audi Alteram Partem* – Means no one should be condemned unheard. *(Articles 14, 21, 22)*

9. *Wednesbury Principle* – Used to adjudge the discretion provided to the executive under the statute. *(Article 14)*

10. *Lex Non a Rege Est Violanda* – Means the law must not be violated even by the king. *(Article 14)*

11. *Pari Passu* – Means on equal footing. *(Article 14)*

12. *Rex Quod Injustum Est Facere Non Potest* – Means the king cannot do what is unjust. *(Article 14)*

13. *Principle of Proportionality of Restrictions* – Restrictions should not be arbitrary or beyond what is required for achieving the object. *(Article 19)*

14. *Ex Post Facto* – A law which imposes penalty retrospectively. *(Article 20)*

15. *Double Jeopardy* – No person shall be prosecuted and punished for the same offence more than once. *(Article 20)*

16. *Nemo Debet Bis Vexari Pro Una et Eadem Causa* – Means a man shall not be vexed twice for one and the same cause. *(Article 20)*

17. *Nemobis Punitur Pro Eodem Delicto* – Means no one can be punished twice for the same offence. *(Article 20)*

18. *Autrefois Convict* – Refers to a defendant’s plea that he has already been tried and convicted for the same offence. *(Article 20)*

19. *Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis* – Means a new law ought to be prospective and not retrospective in operation. *(Article 20)*

20. *Doctrine of Self-Incrimination* – No person accused of any offence shall be compelled to be a witness against himself. *(Article 20)*

21. *Nemo Tenetur Prodere Accusare Seipsum* – Means no man is bound to accuse himself. *(Article 20)*

22. *Nemo Punitur Pro Alieno Delicto* – Means no one is to be punished for the crime or wrong of another. *(Article 20)*

23. *Ubi Jus Ibi Remedium* – Means where there is a right, there is a remedy. *(Article 21)*

24. *Doctrine of Rarest of the Rare* – Death penalty can only be given in rarest of rare cases. *(Article 21)*

25. *Doctrine of Public Trust* – Natural resources like air, water, etc. are meant for general use and cannot be limited by private ownership. *(Article 21)*

26. *Precautionary Principle* – The State and authorities must prevent and attack causes of environmental degradation. *(Article 21)*

27. *Polluter Pays Principle* – One who carries on hazardous activities is liable to make good the loss caused to another. *(Article 21)*

28. *Habeas Corpus* – Means you shall have the body. *(Articles 32, 226)*

29. *Locus Standi* – Refers to the right of a party to bring an action before the court. *(Articles 32, 226)*

30. *Mandamus* – Means we command. *(Articles 32, 226)*

31. *Quo Warranto* – Means by what authority. *(Articles 32, 226)*

32. *Certiorari* – A writ by which a higher court reviews a case tried in a lower court. *(Articles 32, 226)*

33. *Doctrine of Distributive Justice* – Ensures economic justice to minimize inequalities and promote welfare of the people. *(Articles 38, 39)*

34. *Principle of Collective Responsibility* – All members of the government are unanimous in support of its policies and actions. *(Article 75)*

35. *Principle of Individual Responsibility* – Each minister is responsible to the legislature for every action taken or omitted in his ministry. *(Article 75)*

36. *Sine Die* – Means without any future date being designated. *(Article 85)*

37. *Ad Hoc* – Means for the special purpose. *(Article 127)*

38. *Nunc Pro Tunc* – Means now for then. *(Article 136)*

39. *Stare Decisis* – Means to stand by precedents. *(Article 141)*

40. *Obiter Dicta* – Refers to observations made by a judge which are not essential for decision. (*Article 141)*

41. *Ratio Decidendi* – Means the reason for the decision given by the court. *(Article 141)*

42. *Principle of Consistency of Law* – A division bench ought to follow the earlier decision of a larger bench. *(Article 141)*

43. *Boni Judicis Est Ampliare Jurisdictionem* – Means it is part of a good judge to enlarge his jurisdiction. *(Article 226)*

44. *Theory of Territorial Nexus* – The State Legislature cannot make extra-territorial laws except when there is sufficient connection between the State and the subject matter. *(Article 245)*

45. *Plenary Power of Legislature* – Refers to the absolute power to enact laws, subject to constitutional limits. *(Article 246)*

46. *Ancillary or Incidental Power* – Means power to legislate on incidental or ancillary matters related to the main subject. *(Article 246)*

47. *Doctrine of Pith and Substance* – Used to determine the true nature or object of a legislation. *(Article 246)*

48. *Doctrine of Colorable Legislation* – Means what cannot be done directly cannot be done indirectly. *(Article 246)*

49. *Bona Vacantia* – Refers to goods without an owner. *(Article 296)*

50. *Doctrine of Eminent Domain* – Refers to the right of the State to acquire private property for public use with compensation. *(Article 300A)*

51. *Imperium in Imperio* – Means a sovereignty within a sovereignty. *(Article 324)*

52. *In Foro Conscientiae* – Means in the form of conscience. *(Article 363)*

53. *Doctrine of Basic Structure* – States that the power of amendment cannot be exercised to take away or destroy the basic structure of the Constitution. *(Article 368)*..

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