Doctrine of Necessity

The doctrine of necessity is a common law doctrine, and is applied to tide over the situations where there are difficulties as law does not contemplate a vacuum, and a solution has to be found out rather than allowing the problem to boil over.[1] The doctrine makes it imperative for the authority to decide and considerations of judicial propriety must yield. It is often invoked in cases of bias where there is no other authority or Judge to decide the issue. It applies not only to judicial matters but also to quasi-judicial and administrative matters.[2] The doctrine is required to be invoked in case of extreme peril and in cases of emergency. Even in those cases, the doctrine is required to be carefully circumscribed.[3]

[1] Lalit Kumar Modi vs. Board of Control for Cricket in India and Ors., (2011)10SCC106

[2] J. Mohapatra and Co. and Anr. vs. State of Orissa and Anr. AIR1984SC1572

[3] T. Muralidhar Rao vs. State of A.P. and Ors., 2004(5)ALT634

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