Short Note On Doctrine

Short note on doctrine:There are three type of doctrine in constitution of India.  Doctrine of severability  Doctrine of eclipse  Doctrine of wavier 1) doctrine of severability :- one thing to noted in article 13 is that, it is not the entire law which is affected by the provisions in part 3, but on the other hand, the law become invalid only to the extent to which it is inconsistent with the fundamental rights. So only that part of the law will be declared invalid which is inconsistent, and the rest of the oaw will stand. However, on this point a clarification has been made by the courts that invalid part of the law shall be severed and declared invalid if really it is severable, i.e if after separating the invalid part the valid part is capable of giving effect to the legislature’s intent, then only it will survive, otherwise the court shall declare the entire law as invalid. This is known as severability.

2) doctrine of eclipse:- the another noteworthy in a article 13 is that, though an existing law inconsistent with a fundamental right become in operative from the date of the commencement of the constitution, yet it is not dead altogether. A law made before the commencement of the constitution remains eclipsed or dormant to the extent it comes under the shadow of the fundamental rights 3) doctrine of waiver:-- the doctrine of waiver of right is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such right as are conferred on him by the state. However the person must have the knowledge of his rights and that the waiver should be voluntary.