Home › CLAT PG › law › constitutional_law_advanced › Under the doctrine of 'pith and substance', if a…
Under the doctrine of 'pith and substance', if a law enacted by one legislature INCIDENTALLY trenches upon the field of another legislature in the Seventh Schedule lists
AThe law applies only after a referendum
BThe law is automatically void
CThe law remains valid if its true nature and character (pith and substance) falls within the enacting legislature's list; the incidental encroachment is irrelevant
DThe law needs ratification by both legislatures
Answer & Solution
Correct answer: C. The law remains valid if its true nature and character (pith and substance) falls within the enacting legislature's list; the incidental encroachment is irrelevant
State of Bombay v F N Balsara (1951) is the leading authority. The test allows for some overlap in a federal Constitution. Doctrine of pith and substance is central to resolving List I/II/III boundary disputes.
Related questions
Article 311(2) provides that a civil servant cannot be dismissed, removed or reduced in raIn M C Mehta v Union of India (1986), the Supreme Court evolved the principle of 'absoluteUnder Article 13(2), any law made by the State 'in contravention' of the Fundamental RightS R Bommai v Union of India (1994) significantly curtailedWhich decision laid down that Article 21's 'procedure established by law' must be just, fa'Prospective overruling' as a constitutional technique was introduced in India inDoctrine of 'colourable legislation' is BEST captured by the maximUnder Article 142, the Supreme Court has power to pass any order necessary for doing 'comp