Supreme Court on the Doctrine of Necessity: Balancing Administrative Urgency with the Rule of Law
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The Supreme Court has cautioned against the over-use of the 'Doctrine of Necessity' to bypass procedural norms in administrative actions. Emphasizing the rule of law, the court noted that while the doctrine is valid for emergencies, it must not become a tool for arbitrary governance or a shield for lack of objectivity.
The Supreme Court of India recently provided a critical clarification on the application of the 'Doctrine of Necessity' in administrative law. During a hearing concerning administrative appointments, the bench observed that while the doctrine exists to prevent the breakdown of governance during emergencies, it cannot be invoked as a routine justification to bypass established legal procedures or transparency.
The 'Doctrine of Necessity' is a common law principle based on the maxim 'salus populi est suprema lex' (the welfare of the people is the supreme law). It allows an authority to perform acts that would otherwise be unlawful or procedurally irregular if such acts are essential to prevent a greater evil or to ensure the continued functioning of the state. Historically, it has been used in cases where a decision-maker might be disqualified due to bias, but no other competent authority exists to take the decision.
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