Governance
Context: Recently, the Competition Commission of India (CCI) Invoked the “doctrine of necessity” to clear six deals involving mergers & acquisitions (M&A) and investment proposals.
About Doctrine of necessity:
- It allows the legal authorities to carry out certain activities which are not permitted in the normal course.
- This term is used to describe a principle of constitutional law, where in an emergency or an exigent circumstance, a state may legally act which in other circumstances is deemed to be illegal.
- The term was first used in 1954 in a controversial judgment in Pakistan.
- The Doctrine of Necessity was changed to the Doctrine of Absolute Necessity in the case of “Election Commission of India v. Dr. Subramaniam Swamy”
- Outcome: This doctrine shall be used only in case of absolute necessity.
- It acts as a defense against violating the law making the decision valid and not biased.
- Doctrine of necessity acts as an exception to ‘Nemo judex in causa sua’, where an authority is disqualified on the grounds of a biased decision.
Source: Business Standard
Previous Year Questions
Q.1) With reference to India, consider the following statements:
- Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
- Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct? (2022)
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Q.2) With reference to anti-defection law in India, consider the following statements:
- The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
- The law does not provide any time-frame within which the presiding officer has to decide a defection case.
Which of the statements given above is/are correct? (2022)
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
