Legal Explainer: The Doctrine of Necessity in Indian Law

 Legal Explainer: The Doctrine of Necessity in Indian Law

The Doctrine of Necessity is a legal principle that allows an otherwise unlawful act to be justified if it is necessary to prevent greater harm. It is often applied in constitutional, administrative, and criminal law to uphold governance and justice in extraordinary circumstances.

Key Features of the Doctrine:

1. Exception to General Rules:
   • Actions that would normally be illegal may be permitted if they are essential to preserve stability, law, or order.
2. Applied in Emergency Situations:
   • Used when adherence to standard legal principles would cause serious harm to public interest.
3. Limited Scope:
   • The doctrine cannot be misused to justify arbitrary actions; it applies only in cases of genuine necessity.

Application in Indian Law:

• Constitutional Law:
  • Used to validate actions taken by governments in exceptional circumstances where legal processes cannot be followed.
• Administrative Law:
  • Allows officials to make decisions outside standard procedures in emergencies.
• Criminal Law:
  • Section 81 of the Indian Penal Code (IPC) recognizes necessity as a defense when an act is done to prevent greater harm.

Landmark Judgments:

• G.D. Karkare v. T.L. Shevde (1952): The Supreme Court upheld that appointment of judges during an emergency was valid under the doctrine of necessity.
• K. Veeraswami v. Union of India (1991): Applied the doctrine to allow higher judiciary to hear cases against fellow judges when no alternative existed.

Significance:

• Ensures continuity of governance during crises.
• Balances legal rigidity with practical necessity.
• Protects public welfare by allowing essential actions in emergencies.

The Doctrine of Necessity acts as a safeguard in extraordinary situations, ensuring that justice and governance prevail even when strict legal compliance is impractical.