Indian Judiciary Preparation PCS J dan repost
📘 *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)*
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)*