DOCTRINE OF NECESSITY PRINCIPLE
The post of Chairman of the Competition Commission of India has been vacant since the retirement of Mr. Ashok Kumar Gupta in October 2022. Also, currently, there are only 2 members in the CCI. There are many mergers and acquisitions pending before the commission waiting for its approval. To attend to the pending matter, the Commission is to create a Quorum of three members using the Doctrine of Necessity Principle.
Contents
• What is the Doctrine of Necessity Principle?
• Legal justifications for CCI actions
What is the Doctrine of Necessity Principle?
The extra-constitutional actions are generally referred to Doctrine of Necessity. Under this, an administrative authority can get power to bring back stability.
Take the case of CCI for example. Though certain decisions and approvals need the consideration of the Chairman, the CCI is using the principle to clear the pending files. Keeping the mergers and acquisitions waiting for approval slows down the economic growth of the country. Therefore, quick action is required here. And so, the CCI is invoking the Doctrine of Necessity Principle.
Legal justifications for CCI actions
Section 15 of the Competition Act says that no act of CCI shall be invalid due to vacancies. The CCI is using this legal provision to adopt the Doctrine of Necessity Principle.
TRIVIA:
Doctrine of necessity under the Indian Penal Code, 1860
The doctrine of necessity can be found in Indian criminal law. Chapter IV of the Indian Penal Code, 1860 contains the provisions of ‘General Exceptions’ under Sections 76 to 106. If an individual commits any of the offences under the exceptions or circumstances as stated in Chapter-IV, then such individual is exempted from criminal liability. The individual will not face any punishment. The doctrine of necessity is also included in such general exceptions under Section 81 of the IPC.
Section 81 of the IPC talks about such acts which are likely to cause harm but where such acts are done without any criminal intent to cause harm. Such an act must also be done in good faith in order to avoid or prevent any kind of further harm to an individual or any property. However, the risk of doing such an act will be weighed against the nature and need of each situation.