The question (15 marks)
Explain the doctrines of pith and substance and colourable legislation, and distinguish them from the doctrine of repugnancy, with reference to decided cases. (15 marks)
MU Module 1, heads on legislative relations under Part XI and the interpretation of the Lists.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Federalism and Centre-State Relations of Constitutional Law – II.
Authorities you will need
- Prafulla Kumar Mukherjee v Bank of Commerce Ltd, Khulna, Privy Council
- K. C. Gajapati Narayan Deo v State of Orissa
- Hoechst Pharmaceuticals Ltd v State of Bihar
- Ch. Tika Ramji v State of U.P.
- A. S. Krishna v State of Madras
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.