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    The document is a synopsis for a research paper on the doctrine of pith and substance in Indian constitutional law. It provides background on the doctrine, which allows courts to look at the true nature or essence of a law to determine whether it falls under the jurisdiction of the Union or State governments. The synopsis outlines the objectives, literature review methodology, research question, and hypothesis of the paper. It aims to study landmark cases that have applied the doctrine and analyze why it is needed in the Indian context to provide flexibility in distributing powers between the central and state governments.

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    The document is a synopsis for a research paper on the doctrine of pith and substance in Indian constitutional law. It provides background on the doctrine, which allows courts to look at the true nature or essence of a law to determine whether it falls under the jurisdiction of the Union or State governments. The synopsis outlines the objectives, literature review methodology, research question, and hypothesis of the paper. It aims to study landmark cases that have applied the doctrine and analyze why it is needed in the Indian context to provide flexibility in distributing powers between the central and state governments.

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    © All Rights Reserved
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    106 views3 pages

    Constitutional Law Final Synopsis

    Uploaded by

    aditya
    The document is a synopsis for a research paper on the doctrine of pith and substance in Indian constitutional law. It provides background on the doctrine, which allows courts to look at the true nature or essence of a law to determine whether it falls under the jurisdiction of the Union or State governments. The synopsis outlines the objectives, literature review methodology, research question, and hypothesis of the paper. It aims to study landmark cases that have applied the doctrine and analyze why it is needed in the Indian context to provide flexibility in distributing powers between the central and state governments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    Synopsis

    CONSTITUTIONAL LAW II (Trimester IV, July 17)


    Doctrine of Pith and Substance

    Submitted By: Anshi Bhatia


    Roll no: A011
    Second Year, B.A., LL.B. (Hons.)

    Submitted To:
    Mr. Unni Ramchandran
    Asst. Professor (Constitutional Law)
    School of Law, NMIMS (Deemed to be University)
    STATEMENT OF THE PROBLEM:
    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. Hence, the doctrine has been applied in India to provide flexibility to the otherwise
    rigid scheme of distribution of power between the Centre and the State.

    OBJECTIVE:
    To study the concept of Doctrine of Pith and Substance
    To make an analysis of the landmark cases that dealt with the concept of pith and
    substance.4

    REVIEW OF LITERATURE
    The following articles/books/online journals will be used to conduct the research
    1. Manupatra
    2. Lexis Nexus
    3. Constitution of India, Student Edition by D.D.Basu
    4. The Indian Constitution by P.M. Bakshi
    5. Other online articles and journals

    RESEARCH METHODOLOGY
    The researcher, for this research paper will undertake secondary research analysis. The
    methodology would be restricted to the historical and analytical research methods. Historical
    method would include studying the already existing researches based on the research
    questions along with case laws and precedents that have been laid down by the Supreme Court
    or the High Court in various cases. Analytical method would include analyzing that present data
    and forming opinions and conclusions.
    RESEARCH QUESTION
    What is the need of the Doctrine of Pith and Substance in the Indian Context?

    HYPOTHESIS
    The Doctrine of Pith and Substance is used when a law that comes into force is challenged on
    the basis that one level of Government in a country (Center or State) has encroached upon the
    right of the other Government to make or pass laws related to a particular subject matter.

    REFERENCES

    Constitution of India, D.D. Basu


    Legal Point, https://legalpoint-india.blogspot.in/2016/02/doctrine-of-pith-and-
    substance-and.html
    Law notes.in, https://www.lawnotes.in/Doctrine_of_Pith_and_Substance

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