The issue has been debated at length in Supreme Court.
When there are allegation against a minister or powerful person, he can be forced to resign pending investigation.
But what to do when allegations are against the Apex person of a body i.e. Prime Minister, Chairman or some other top person of Institute.
To apply general law, can bring down the whole institute and stability will be destroyed.
Then whoever is on Top, will get a bunch of allegations in few months and will be forced to resign. No stability will prevail.
So Doctrine of Necessity is evolved. That in such case, top person need not be forced to resign, but he can be insulated in such a way that he gets no power to interfere in investigation or to destroy evidence.
Haresh Raichura
2/6/13 16:58
