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Doctrine of Pith and Substance

By Dr. Rohini Mahurkar

Published In

Air 2015

A distribution of legislative powers between the Union and the States is mutually exclusive. It declares that the Parliament and State Legislature should keep within the field assigned to them under the Constitution and they should not encroach upon the field assigned to others. The Scheme of Article 246 is such that it gives primacy to Union Law in case of conflict or overlapping between the Union law and the State law but before a law which is dealing with one subject in one list and also touching a subject in another list is declared to be bad, the Court applies ‘the doctrine of Pith and Substance’. In other words, the pith and substance of the law, i.e. the true object to the legislation or the statute, relates to a matter with the competence of Legislature which enacted it, it should be held to be intra vires even though it might incidentally trench on the matters not within the Competence of Legislature. In order to ascertain the true character of the legislation o ....

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