Doctrine of Necessity: Safeguard or Threat to Democracy

The Doctrine of Necessity: A Concise Overview The Doctrine of Necessity allows governments to take otherwise illegal actions during extreme crises to ensure the state's survival. The Doctrine of Necessity is a legal principle that allows a state to take extra-legal or unconstitutional actions in times of extreme emergency. Rooted in Roman law, it operates on the idea that what is otherwise unlawful becomes lawful out of necessity to preserve the state or maintain public order. This doctrine has been applied in various constitutional crises, most notably in Pakistan, where the judiciary repeatedly used it to legitimise military coups, establishing a precedent for revolutionary legality. Critics argue that the doctrine is a dangerous tool that undermines constitutional supremacy and facilitates authoritarianism. The concept of "necessity" is often undefined, allowing for arbitrary and politically motivated interpretations that weaken democratic institutions. Rather than relyi…