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Doctrine of Eclipse and Severability: Safeguarding Constitutional Integrity
This post explores two pivotal doctrines in constitutional law: the Doctrine of Eclipse and the Doctrine of Severability. The Doctrine of Eclipse addresses the temporary inoperability of laws that conflict with fundamental rights, allowing them to revive if the conflict is later resolved. The Doctrine of Severability ensures that unconstitutional portions of a statute can be removed without invalidating the entire law. Together, these doctrines uphold the supremacy of the Constitution while preserving legislative intent wherever possible.
Doctrine of Colorable Legislation and Retrospective Laws: Limits of Legislative Power
This post explores two critical constitutional doctrines that define the boundaries of legislative authority in India: the Doctrine of Colorable Legislation and the Doctrine of Retrospective Legislation. It examines how these principles prevent legislative overreach—whether by disguising unauthorized actions under lawful guise or by enacting laws with backward effect. Through key case law and constitutional interpretation, the article analyzes how courts scrutinize legislative intent and uphold the rule of law.
M. Ashok Kumar & Ors. vs. The Theyarayanagar Fund Ltd
This post outlines the facts of a civil dispute involving Mr. M. Ashok Kumar and Mr. A. Mallika, who allege coercion and deceptive practices by The Theyarayanagar Fund Ltd. in connection with a ₹7.2 lakh loan. The plaintiffs claim they were misled into signing documents and pressured to attach their property without justification. The case raises important questions about financial ethics, consumer protection, and the legal boundaries of loan recovery practices.