The Doctrine of Implied Powers allows authorities to exercise powers not explicitly stated in law but necessary to fulfill their duties effectively. In India, this doctrine ensures governmental functions are carried out efficiently, even when specific powers are not expressly granted.
MEANING, DEFINITION & EXPLANATION
The Doctrine of Implied Powers refers to the authority possessed by governmental bodies that, while not explicitly stated, is deemed necessary to implement their legally assigned duties. This principle ensures that the execution of express powers is practical and effective. For instance, if a statute grants an authority a specific duty, it implicitly includes the powers essential to perform that duty.
HISTORICAL BACKGROUND / EVOLUTION
The concept of implied powers has its roots in common law principles, where courts recognized that certain powers, though not expressly conferred, are essential for the effective discharge of statutory duties. In India, the judiciary has, over time, acknowledged and applied this doctrine to ensure that legislative and executive actions are not rendered ineffective due to the absence of explicit provisions.
COMPARISON WITH OTHER DOCTRINES
The Doctrine of Implied Powers is often compared with the Doctrine of Incidental or Ancillary Powers, which suggests that the power to legislate on a particular issue includes the authority to legislate on incidental matters necessary to achieve the main objective. While both doctrines deal with powers not explicitly stated, the former focuses on the execution of duties by authorities, and the latter pertains to legislative competencies.
ESSENTIALS / ELEMENTS / PRE-REQUISITES
For the Doctrine of Implied Powers to apply, the following elements are essential:
- Express Duty or Power: There must be a clearly defined duty or power conferred by statute.
- Necessity: The implied power must be necessary for the effective execution of the express duty or power.
- Reasonableness: The implied power should be reasonable and not extend beyond what is necessary to fulfill the express duty.
LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA
While the Indian Constitution does not explicitly mention the Doctrine of Implied Powers, the judiciary has interpreted various provisions to include implied powers. For example, under Article 142, the Supreme Court has the power to pass any decree or order necessary for doing complete justice, which has been interpreted to include certain implied powers.
CASE LAWS / PRECEDENTS / OVERRULING JUDGMENTS
Several landmark judgments have shaped the understanding of the Doctrine of Implied Powers in India:
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Bidi, Bidi Leaves & Tobacco Merchants’ Association v. State of Bombay, AIR 1962 SC 486: The Supreme Court held that the doctrine of implied powers can be invoked where the material provision of the Act would become impossible of enforcement without the said power.
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Union of India v. Paras Laminates (P) Ltd., 1990 (4) SCC 453: The Court observed that the doctrine of implied powers can be invoked only where, if the implied power is not conceded, the statutory provision would become unworkable and ineffectual.
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Gopal Chandra Misra v. State of Uttar Pradesh, AIR 1978 SC 694: The Court recognized an implicit power for State High Court judges under Article 217, allowing them to cancel a resignation even after it has been accepted, thus providing flexibility in such situations.
DOCTRINES / THEORIES
The Doctrine of Implied Powers is closely related to the principle of “necessary and proper,” which allows authorities to undertake actions essential to perform their statutory duties effectively. This ensures that the absence of explicit provisions does not hinder the functionality of governmental operations.
MAXIMS / PRINCIPLES
The maxim “Quando aliquid prohibetur ex directo, prohibetur et per obliquum” (What is prohibited directly is also prohibited indirectly) is often associated with the Doctrine of Implied Powers, emphasizing that authorities cannot do indirectly what they are prohibited from doing directly.
CRITICISM / APPRECIATION
While the Doctrine of Implied Powers ensures the effective functioning of authorities, it has faced criticism for potentially leading to an overreach of power. Critics argue that it may allow authorities to assume powers beyond what was intended by the legislature, potentially infringing on individual rights. However, proponents contend that without such a doctrine, the rigid application of statutes could render authorities ineffective in addressing practical realities.
REFERENCES
- Arun Sagar, “Notes Towards a Theory of Implied Powers in (Indian) Constitutional Law,” NUJS Law Review, 2014.
- “Doctrine of Implied Powers: Concept, Case Example, Prohibition,” Leverage Edu, 2023.
- “The Doctrine of Implied Powers,” iPleaders, 2021.
- “Principles of Constitutional Interpretation,” LawBhoomi, 2024.