SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-6

  • question_answer
    Within their respective spheres, the union and the state legislatures are made supreme and they should not encroach on the sphere reserved for other. This concept is known as which of the following?

    A)  Doctrine of colorable legislation

    B)  Doctrine of pith and substance

    C)  Doctrine of double effect

    D)  Doctrine of Supremacy

    Correct Answer: B

    Solution :

    [b] Pith means 'true nature' or 'essence of something' and Substance means 'the most important or essential part of something'. Doctrine of Pith and Substance says that where the question arises of determining whether a particular law relates to a particular subject (mentioned in one List or another), the court looks to the substance of the matter. Thus, if the substance falls within Union List, then the incidental encroachment by the law on the State List does not make it invalid. This is essentially a Canadian Doctrine now firmly entrenched in the Indian Constitutional Jurisprudence. The doctrine has been applied in India also to provide a degree of flexibility in the otherwise rigid scheme of distribution of powers. The reason for adoption of this doctrine is that if every legislation were to be declared invalid on the grounds that it encroached powers, the powers of the legislature would be drastically circumscribed.

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