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  • Doctrine of Colourable Legislation - Interpretation of Statutes - LLB 6TH Sem - Revision Lecture

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    Rishabh Jain
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    The document discusses the doctrine of colorable legislation in India. It explains that the doctrine acts as a limitation on the legislature's lawmaking power and can be invoked when the legislature seeks to indirectly do something it does not have direct power to legislate. The doctrine is based on the principle of separation of powers and prevents the legislature from overstepping its bounds. It also outlines how legislative powers are distributed between the central and state governments in India based on the topics listed in the constitution. The doctrine examines whether a law falls within the legislature's actual scope of authority.

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    DOCTRINE OF COLOURABLE LEGISLATION- INTERPRETATION OF STATUTES- LLB 6TH SEM- REVISION LECTURE- PPT

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    The document discusses the doctrine of colorable legislation in India. It explains that the doctrine acts as a limitation on the legislature's lawmaking power and can be invoked when the legislature seeks to indirectly do something it does not have direct power to legislate. The doctrine is based on the principle of separation of powers and prevents the legislature from overstepping its bounds. It also outlines how legislative powers are distributed between the central and state governments in India based on the topics listed in the constitution. The doctrine examines whether a law falls within the legislature's actual scope of authority.

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    © All Rights Reserved
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    848 views3 pages

    Doctrine of Colourable Legislation - Interpretation of Statutes - LLB 6TH Sem - Revision Lecture

    Uploaded by

    Rishabh Jain
    The document discusses the doctrine of colorable legislation in India. It explains that the doctrine acts as a limitation on the legislature's lawmaking power and can be invoked when the legislature seeks to indirectly do something it does not have direct power to legislate. The doctrine is based on the principle of separation of powers and prevents the legislature from overstepping its bounds. It also outlines how legislative powers are distributed between the central and state governments in India based on the topics listed in the constitution. The doctrine examines whether a law falls within the legislature's actual scope of authority.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
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    DOCTRINE OF COLOURABLE

    LEGISLATION
    INTERPRETATION OF STATUTES- LLB
    6TH SEM- REVISION LECTURE- PPT
    COLOURABLE LEGISLATION

    • Doctrine of Colorable Legislation like any other constitutional law is a tool


    devised and applied by the Supreme Court of India to interpret various
    constitutional provisions. It is a guiding principle of immense utility while
    construing provisions relating to legislative competence.
    • Doctrine of Colorable Legislation is built upon the founding stones of the
    Doctrine of Separation of Power. Separation of Power mandates that a balance
    of power is to be struck between the different components of the State i.e.
    between the Legislature, the Executive and the Judiciary. The primary function of
    the legislature is to make laws. Whenever Legislature tries to shift this balance of
    power towards itself then the Doctrine of Colorable Legislation is attracted to
    take care of Legislative Accountability.
    • The literal meaning of Colorable Legislation is that under the ‘colour’ or ‘guise’ of
    the power conferred for one particular purpose, the legislature cannot seek to
    achieve some other purpose which it is otherwise not competent to legislate on.
    COLOURABLE LEGISLATION: INDIA
    • In India ‘the doctrine of colorable legislation’ signifies only a limitation of the law making power of the
    legislature. It comes into picture while the legislature purporting to act within its power but in reality
    it has transgressed those powers. So the doctrine becomes applicable whenever a legislation seeks to
    do in an indirect manner what it cannot do directly. If the impugned legislation falls within the
    competence of legislature, the question of doing something indirectly which cannot be done directly
    doesnot arise.
    • In India legislative powers of Parliament and State Legislatures are conferred by Art. 246 and
    distributed by Lists I, II and III in the seventh schedule of the Constitution. Parliament has exclusive
    power to make laws with respect to any of the matters in List II. Parliament and State Legislatures
    have both powers to make laws with respect matters in List III which is also known as concurrent list.
    Residuary power of legislation is vested in Parliament by virtue of Art. 248 and entry 97 in list I. the
    power of State Legislatures to make laws is subject to the power of Parliament to make laws with
    respect to matters in List I and III. While examining the legislative competence of Parliament to make a
    law all that is required to be seen is whether the subject matter falls in List II which Parliament cannot
    enter for in view of the residuary power vesting in Parliament other matters are not outside the
    legislative competence of Parliament. Legislative competency is an issue that relates to how legislative
    power must be shared between the center and states. It focuses only on the relation between the
    two.

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