Doctrines of Constitutional Interpretation and Landmark Judgments

Doctrine of Severability

Note coming soon.

Doctrine of Waiver

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Doctrine of Eclipse

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Doctrine of Territorial Nexus

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Doctrine of Pith and Substance

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Doctrine of Colourable Legislation

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Doctrine of Implied and Ancillary Powers

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Doctrine of Occupied Field and Repugnancy

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Doctrine of Precedent and Prospective Overruling

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Doctrine of Harmonious Construction

The Basics

The Doctrine of Harmonious Construction means that when two or more provisions of the Constitution seem to conflict, courts must interpret them in a way that gives effect to all of them, rather than letting one cancel out the other. It is also called the rule of avoidance of conflict.

Doctrines of Literal, Liberal and Purposive Interpretation

The Basics

When courts interpret the Constitution or a law, they can choose different approaches to the words used. Three well known approaches are literal interpretation, liberal interpretation, and purposive interpretation. Each answers the same question differently: what does this text mean, and how far does it reach.

Right to Privacy as a Fundamental Right: K.S. Puttaswamy Case

The Basics

The Right to Privacy is the right of a person to control vital aspects of their own life, free from unwarranted interference by the state or others. In 2017, the Supreme Court declared it a fundamental right in the K.S. Puttaswamy vs. Union of India case.

Landmark Judgments on Basic Structure and Ninth Schedule

Note coming soon.

Landmark Judgments on Personal Liberty and Social Justice

The Basics

From the 1990s onward, the Supreme Court used Articles 14, 15, 19, 21 and 25 in new ways. It filled gaps left by Parliament and struck down practices denying equality and dignity to vulnerable groups. These judgments show the Court acting almost like a law-maker when legislation was missing or outdated.

Criminalisation of Politics: Lily Thomas and Rambabu Singh Thakur Cases

The Basics

Criminalisation of politics means the growing entry of people with criminal cases, including serious charges, into legislatures as candidates and elected members. Two Supreme Court judgments, Lily Thomas versus Union of India and Rambabu Singh Thakur versus Sunil Arora, directly tackled this problem.

Additional Landmark Judgments: Bachan Singh, M. Siddiq, Nanavati, IAMAI and Shah Bano

The Basics

Several Supreme Court judgments stand alone as landmarks, each settling a distinct and important question of Indian public life. They do not form one doctrine but are frequently asked about individually.