Principle or Doctrine of 'Strict Necessity' in Constitutional Law

Introduction

It has been a long time since I posted anything on this Blog. Hopefully, this post will break the long duration of inertness here. The present post is about a ‘Doctrine’ that is not usually applied or used by the Courts. The crux of the instant Doctrine lies in restraining the hands of the Courts while exercising their power of Judicial Review especially with reference to constitutionality of any legislation. The ‘Doctrine of Strict Necessity’ is not be confused with the ‘Doctrine of Necessity’ in International Law or ‘Necessity’ as a defence in Criminal Law.

Presumption of Constitutionality

It is important to remember that presumption of constitutionality is always in favour of a legislation, unless the contrary is shown. This is an age old principle and has been iterated by our Supreme Court in countless number of cases. Also, the Legislature while enacting a law presumes that the authorities constituted under any law would act in accordance with law to its letter and spirit. This is because the authorities themselves derive their existence from the law itself. Hence it is never thought that the authorities would cease to follow the law. The above-stated proposition might seem extremely obvious. However, such presumption is important to be taken into account while interpreting and examining any law. The precept of ceteris paribus is important in this context which means that “all other things will remain the same”. For proper interpretation and examination of any law, “all other things will remain the same” would imply the constant that all the authorities must be presumed to act effectively and in accordance with law.

Meaning of ‘Strict Necessity’

The principle of ‘Strict Necessity’ postulates that the courts ought not to pass decisions on questions of constitutionality unless such adjudication is unavoidable. Thus strict or unavoidable necessity must exist for disposing of a constitutional issue. The Courts are required to be practical and pronounce decision only with respect to the narrow limits of the facts of the case at hand. Thus question of constitutionality is dealt with by the courts only where valid and sustainable grounds exist and where any legal provision suffers from patent legal infirmity or involves excessive legislative power or violates any legal right of any person etc.

It is this principle of ‘Strict Necessity’ that ties the hands of the Court and prevents it from examining the constitutional validity of a law. A law is struck down on the grounds of unconstitutionality only when such a law is irremediable or unredeemable. In all other cases, such exercise becomes unnecessary. 

Conclusion

While parting, let us understand the importance of this doctrine in the words of the Hon’ble Supreme Court in the case of K.B. Nagur M.D. (Ayu.)  v. Union of India, Writ Petition (Civil) No. 33 of 2009, wherein the Court explained the importance of the principle of ‘Strict Necessity’ in the following words:

“We are conscious of the fact that this Court has to adopt a purely judicial approach. The Constitution and the Rule of Law are the only supreme powers in any democracy and no higher duty rests upon this Court, than to enforce, by its decree, the will of the Legislature, as expressed in a statute, unless such statute is plainly and unmistakably in violation of the Constitution or Rule of Law.”

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