DOCTRINE OF BASIC STRUCTURE | Evolution: The doctrine of basic structure is a judge-made doctrine was evolved during the Indra Gandhi period, propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati case (1974) 4 SCC 225, to limit the amending powers of the Parliament. The first attempt was in the year 1967 in the Golak Nath case to restraint the power of the Parliament but took half of the decade for the Indian Judiciary to pronounce on Kesavananda Bharati Case.
View DetailsDOCTRINE OF ARBITRARINESS | Evolution: The doctrine of arbitrariness was invoked to test the validity of the State action under Article 21 of the Constitution of India which results in the evolution of arbitrariness in the year 1974.
View DetailsDOCTRINE OF ADDED PERIL | Evolution: The doctrine of added peril was enacted in the Workmen Compensation Act, 1923 to improve the working conditions of the employees. The purpose of the Workmen Compensation Act, 1923 is to compensate the employees who have suffered or were injured during the course of employment to meet expenses for treatment and livelihood.
View DetailsDOCTRINE OF WAIVER | Evolution: The doctrine of waiver can be traced back from the year 1945, where the Bombay High Court recognized and states that doctrine of waiver in India is different from English law. It is invoked on the premise that the person is his best judge and he has the liberty to waive his right conferred by the State.
View Details