Narco-analysis Test in India

Doctrine of Severability and Eclipse

• The doctrine of severability is applied when a part of a law is found to be unconstitutional, and the remaining parts of the law can still operate.
• The doctrine of eclipse is applied when a law is found to be unconstitutional, but it can still be revived if the unconstitutional part is removed.

Concept of Judicial Review

• The power of judicial review is the authority of the Supreme Court and High Court to declare the validity of a law.
• This power is exercised when a law is challenged on the grounds that it violates fundamental rights.

Right to Equality

• Article 14 of the Indian Constitution guarantees equality before law and equal protection of laws.
• This right is based on the concept of negative equality, which means that the State cannot discriminate between individuals.
• The concept of equal protection of laws is based on the idea that like should be treated alike.
• However, there are exceptions to this rule, such as Article 361, which grants special powers to the President and Governor.

Right to Silence

• An accused person has the right to silence during interrogation, and cannot be coerced or influenced into giving a statement that may point to their guilt.
• This right is guaranteed by Article 20(3) of the Indian Constitution.

Narco-Analysis, Brain Mapping, and Lie Detector Tests

• These tests are violative of Article 20(3) of the Indian Constitution, which guarantees the right against self-incrimination.
• The use of these tests without the consent of the accused is unconstitutional and violates the right to privacy.

Right to Life and Personal Liberty

• Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
• This right is considered the most fundamental of all human rights.
• It is an essential part of human life, and the remedy for its enforcement is provided by Article 32.

Article 32 and Remedies

• Article 32 confers the right to move the Supreme Court for the enforcement of fundamental rights.
• This right is remedial and not substantive in nature.
• The Supreme Court is given the authority to issue directions or orders for the execution of any of the rights conferred by the Constitution.

Pardoning Powers of the President

• The President of India has the power to grant pardons, reprieves, or remissions of punishment to any person who has been convicted by a Court of Law.
• This power is exercised in the following situations:
  • Punishment is for an offence against Union Law
  • Punishment is by a Military Court
  • Sentence is that of death

Federalism and Centre-State Relationship

• Federalism is a system of government where power is divided between a central authority and smaller units of government.
• India adopted federalism to ensure unity and diversity in the country.
• The Indian Constitution is considered federal in nature, but has some unitary features.