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The Doctrine of Necessity: Constitutional Dilemmas and Democratic Implications The Doctrine of Necessity is a legal and constitutional principle allowing extra-legal actions by state authorities to be deemed lawful during emergencies to preserve order, stability, or the state's survival. The Doctrine of Necessity is a legal and constitutional principle allowing extra-legal or even illegal actions by a state authority to be deemed lawful if they are taken in order to preserve order, stability, or the survival of the state in an emergency. This article examines the evolution of the doctrine, its application in comparative jurisdictions, critiques regarding its legitimacy, and its implications for emerging democracies such as Nepal. It argues that modern constitutional frameworks must prioritize codified emergency provisions over extra-legal doctrines to ensure democratic stability and constitutional supremacy. Key Points Overview 1. Origin Rooted in Roman law and the maxim “that which is …