THE DOCTRINES EMERGES FROM CONSTITUTION

THE DOCTRINES EMERGES FROM CONSTITUTION

ILE Legal Blog

8 Apr, 2023

THE DOCTRINES EMERGES FROM CONSTITUTION

Author – ILLAMATHI MARAN .P, UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

ABSTRACT

 The Indian Constitution is considered one of the most comprehensive constitutions in the world, with a set of principles and doctrines that guide the governance of the country. The doctrines of the Indian Constitution are an essential aspect of its functioning and play a crucial role in upholding the rights and freedoms of Indian citizens. This research paper analyses the doctrines of the Indian Constitution and their significance in shaping the country’s political and social landscape.

India is a land of diverse cultures and religions, which has given rise to various schools of thought and doctrines. Some of these doctrines emerged from the Indian construction, which had a significant impact on the country’s social, cultural, and religious fabric. One of the most significant doctrines that emerged from Indian construction is the concept of Vastu Shastra. Vastu Shastra is an ancient Indian science of architecture and construction that originated over 5,000 years ago. The doctrine is based on the principles of cosmic energy, where every object and space has its unique energy field. The objective of Vastu Shastra is to harmonize the energy fields of objects and spaces, to create a positive and harmonious environment.

Another doctrine that emerged from Indian construction is the concept of sthapatya veda. Sthapatya Veda is a branch of Vedic knowledge that deals with the principles of architecture, construction, and town planning. The doctrine emphasizes the importance of alignment, orientation, and proportion in construction, to create a harmonious and balanced environment.

The concept of feng shui, which is now popular all over the world, also has its roots in Indian construction. Feng shui is an ancient Chinese system of aesthetics that is used to improve the flow of energy in a space. The principles of feng shui are similar to those of Vastu Shastra and Sthapatya Veda, emphasizing the importance of balance, harmony, and alignment in construction.The Indian construction also gave rise to the concept of Shilpa Shastra, which is an ancient Indian treatise on the arts and crafts. The doctrine covers various aspects of arts and crafts, including sculpture, painting, music, and dance. The doctrine emphasizes the importance of aesthetics and beauty in construction and art.

Another doctrine that emerged from Indian construction is the concept of Jain architecture. Jain architecture is a unique style of architecture that is based on the principles of Jainism, one of the oldest religions in India. The doctrine emphasizes the importance of simplicity, symmetry, and proportion in construction, and incorporates various Jain symbols and motifs in its design.

In conclusion, Indian construction has given rise to various schools of thought and doctrines, which have had a significant impact on the country’s social, cultural, and religious fabric. These doctrines emphasize the importance of harmony, balance, and alignment in construction, and have contributed to the development of unique architectural styles and designs.

INTRODUCTION

The Constitution of India, adopted on January 26, 1950, provides the legal framework for the governance of the country. The Constitution lays down the principles, policies, and procedures that guide the functioning of the government and protect the rights and freedoms of Indian citizens. The doctrines of the Indian Constitution, also known as the basic structure doctrine, are a set of principles that provide a framework for interpreting and applying the Constitution. These doctrines are vital to the functioning of the Indian legal system and have played a crucial role in the country’s political and social development.

OBJECTIVE

 The objective of this research paper is to analyse the doctrines of the Indian Constitution and their significance in shaping the country’s political and social landscape. The paper will also examine the evolution of these doctrines over time and their impact on the legal and political system of India.

METHODOLOGY

 This research paper adopts a qualitative research approach, focusing on analysing existing literature on the doctrines of the Indian Constitution. The paper will review relevant scholarly articles, books, and reports on the subject and provide an in-depth analysis of the doctrines of the Indian Constitution.

DISCUSSION

 The doctrines of the Indian Constitution are a set of principles that guide the interpretation and application of the Constitution. These doctrines have been established through judicial interpretations of the Constitution over time and have played a significant role in shaping the country’s political and social landscape.

One of the most important doctrines of the Indian Constitution is the principle of separation of powers. This doctrine stipulates that the legislative, executive, and judicial branches of government should operate independently of each other. The doctrine is essential in ensuring that no branch of government becomes too powerful and that there are adequate checks and balances in place to prevent abuse of power.

Another crucial doctrine of the Indian Constitution is the principle of federalism. This doctrine stipulates that power is shared between the central and state governments. The doctrine is essential in ensuring that each state has autonomy over its affairs and can make decisions that are in the best interests of its citizens.

THE DOCTRINED ON INTERPRETATION OF THE LIST

There are several doctrines that are commonly used in the interpretation of lists in a constitution. These include:

  • Ejusdem Generis: This doctrine holds that where a general term follows a specific list of items, the general term should be interpreted to include only items of the same kind or class as those listed. For example, if a constitution lists “apples, oranges, bananas, and other fruit” in a provision, the term “other fruit” would be interpreted to include only fruits of the same kind as apples, oranges, and bananas.
  • ExpressionUnius Est ExclusioAlterius: This doctrine holds that the expression of one thing implies the exclusion of others. In other words, when a constitution specifically lists certain items, it implies that other items not listed are not included. For example, if a constitution lists “the right to free speech, freedom of religion, and freedom of the press,” it implies that other freedoms not listed are not protected.
  • Noscitur a Sociis: This doctrine holds that the meaning of a word or phrase is determined by the context in which it is used. In the context of a list in a constitution, this means that the meaning of a particular term may be influenced by the other terms listed alongside it. For example, if a constitution lists “peaceful assembly, petitioning the government for a redress of grievances, and free speech,” the term “peaceful” may be interpreted in the context of the other two terms to mean that only peaceful forms of assembly and speech are protected.
  • The Whole Act Rule: This doctrine holds that the meaning of a particular provision in a constitution should be determined in the context of the entire constitution, rather than in isolation. In the context of a list, this means that the meaning of a particular term may be influenced by other provisions in the constitution. For example, if a constitution lists “the right to bear arms,” the meaning of that term may be influenced by other provisions in the constitution that relate to the regulation of firearms.

The doctrine of the rule of law is also a fundamental principle of the Indian Constitution. This doctrine stipulates that every person, regardless of their social status or position, is subject to the law. The doctrine is essential in ensuring that no one is above the law and that the legal system is fair and just.

The doctrine of judicial review is also a crucial aspect of the Indian Constitution. This doctrine gives the judiciary the power to review and strike down laws that are unconstitutional. The doctrine is essential in ensuring that the government does not violate the Constitution and that the rights and freedoms of citizens are protected.

CONCLUSION

In conclusion, the doctrines of the Indian Constitution are a set of principles that provide a framework for interpreting and applying the Constitution. These doctrines are essential in ensuring that the government operates within its limits and that the rights and freedoms of citizens are protected. The doctrines have played a significant role in shaping the country’s political and social landscape and will continue to be a vital aspect of India’s legal and political system