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In some cases the entire statute is not repugnant to the Constitution. Doctrine of "“severability"” is used to separate the unconstitutional part of a statute from a constitutionally valid part. Only the part repugnant to the Constitution is declared void and the rest of the statute remains valid and operative. Doctrine of “"colourable legislation"” is used to hold unconstitutional those statutes or parts of the statutes that are indirectly trying to achieve something that cannot be directly achieved in a legitimate manner. “"Basic structure”" doctrine is used to strike down the laws that seek to amend or alter the basic structure of the Constitution. Basic structure of the Indian Constitution cannot be altered or amended by the Legislature. In 1C. Golaknath v. State of Punjabi, this doctrine was first mentioned. But in Kesavananda Bharativ. State of Kerala 2, this doctrine was fully developed and used. Supremacy of the Constitution, separation of powers, judicial review, secularism are parts of the basic structure of the Indian Constitution.

In its appellate jurisdiction the Supreme Court may be approached in the following circumstances:

1. When the High Court has granted a certificate that the matter involves a substantial question of law as to the interpretation of the Constitution.

2. When the High Court certifies that the case involves a substantial question of law of general importance, and the said question needs to be decided by the Supreme Court.

3. When it is a criminal case and the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years.

4. When the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years.

5. When the High Court has certified that the case is a fit one for appeal to the Supreme Court.

The Supreme Court also has the power to punish for contempt of court. This includes the power to punish for contempt of itself. [Arts. 129 and 142] Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court. The Supreme Court can also review its own judgments. Review is done by a larger Bench when a review petition is filed.

In its original jurisdiction the High Courts have tried power to hear and decide cases which are brought directly to it. A suit in which the value of the matter is more than Rs 2 crores, is to be brought before the High Court. This is the original pecuniary jurisdiction of the High Courts. Like the Supreme Court, High Courts also have the original jurisdiction to issue writs. In its appellate jurisdiction the High Courts can hear an appeal against the decision of a lower court. High Courts (and also the Supreme Court) hear cases of all kinds, i.e. civil as well as criminal.

What is the doctrine of colourable legislation?

A) It is doctrine to hold a statute unconstitutional

B) This statute tries to achieve through indirect means

C) Both (a) and (b)

D) Neither (a) nor (b)