IAS (Admin.) Mains Political Science (PSIR) Indian Government and Politics-Salient Features of the Indian Constitution Study Material (Page 10 of 13)

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Rule of Law, Exception to the Rule of Law, Doctrine of Classification, Equal Pay for Equal Work

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Rule of Law

It means that no man is above the law and that every person, whatever be his rank or conditions, is subject to the jurisdiction of ordinary courts. The SC in 1983 in the case of Rubinder Singh v. Union of India held that Rule of Law requires that no person shall be subjected to harsh, uncivilised or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order.

The Rule of Law has two parts:

(1) Absence of Arbitrary Power or Supremacy of the law; and

(2) Equality before …

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Doctrine of Severability, Doctrine of Eclipse, Doctrine of Waiver

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Doctrine of Severability

  • When a part of the statute is declared unconstitutional than a question arises whether the whole of the statute is to be declared void or only that part which is unconstitutional should be declared as such. For this the SC has devised Doctrine of Severability or Separability. As per Article 13, which says to the extent of such inconsistency, be void. In 1984, in the case of Motor General Traders v. State of AP the SC held that the law is held to be unconstitutional then only courts, as void and not the whole statute shall treat the repugnant provisions of the law in question.
  • If the valid portion is so …

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