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Which of the following best describes the doctrine of 'pith and substance' as applied in interpreting the legislative lists of the Seventh Schedule?
Answer & Solution
Correct answer: C.
1. The 'pith and substance' rule, traced to *Prafulla Kumar v. Bank of Khulna, AIR 1947 PC 60*, holds that **where a law in its true nature and character falls within an item on which the enacting legislature is competent, it is not invalid merely because it incidentally touches a matter outside that competence**.
2. The classic illustration in the ICSI text is *G. Chawla v. State of Rajasthan, AIR 1959 SC 544*: a State law restricting sound amplifiers under entry 6 of List II ('Public Health and Sanitation') was upheld even though it incidentally touched 'broadcasting' (entry 31 of List I), because its pith and substance was public health.
3. Option A inverts the rule; option C wrongly hands the role to Parliament; option D wrongly limits the doctrine to tax statutes.
_Source: ICSI CS Executive — Lesson 2, 'Interpretation of the Legislative Lists — Pith and Substance Rule', p. 66._
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