Doctrine of necessity

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:

1. Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. 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. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) With reference to anti-defection law in India, consider the following statements:

1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
2. 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. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2