LET’S BRUSH UP:- CONSTITUTION OF INDIA DOCTRINE OF COLOURABLE LEGISLATION: - This whole doctrine is based up on the maxim ‘you cannot do indirectly what you cannot do directly’. It just like the famous maxim ‘Nemo dat quod non habet’ (the person who has no title himself cannot transfer it to others). The legislative powers have been distributed between the union and the states in Article 246 and seventh schedule of the constitution. In seventh schedule, there are three Lists – Union list (first list) State list (second list) and the Concurrent List (third list). The union govt is solely empowered to enact statutes on any subjects mentioned in the union list. Similarly the state legislatures are solely empowered to enact statutes on any subjects mentioned in the state list. If the parliament enacts any statue named in state list whether by mistake or by thinking that it is in its authority, it is called ‘The Doctrine of colourable Legislation’ and such particular statute is void. Similarly, if any state govt enacts any statute name in the union list whether by mistake or by thinking that it is within its authority, it is called ‘the doctrine of colorable legislation and such particular statute is void.
Posted on: Sun, 29 Sep 2013 09:27:31 +0000
Trending Topics
Recently Viewed Topics
© 2015