Sunday, March 7, 2010

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Doctrine of Severability: It provides that only that part of the law will be declared invalid which is inconsistent with the fundamental rights and the rest of the law will stand. However, invalid part of the law will be severed only if it is severable, i.e., if after separating the invalid part, the valid part is capable of giving effect to the legislature’s intent, then only it will survive otherwise the court shall declare the entire law as invalid. 
Doctrine of Eclipse : It provides that a law made before the commencement of the constitution remains eclipsed or dormant to be extent in comes under the shadow of fundamental rights i.e., is inconsistency brought about by the fundamental rights is removed by the amendment to the Constitution of India. 
Doctrine of Waiver of Right: It provides that a person has the liberty to waive the enjoyment of such rights as are conferred on him by the state, provide that such person must have the knowledge of his rights and the waiver should be voluntarily, However, citizens cannot waive of any of the fundamental rights
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