SUBJECT:-CONSTITUTIONAL LAW

NAME:- PARAS SEHGAL

ENROLLMENT NUMBER:-02819103819
SECTION:- BA LLB (SEM-3)
SUBMITTED TO:- CHIPPY MA’AM

Question:-1
Write short note on
1. pith and substance
2.colorable legislation
3. territorial nexus

Answer:-1
Colorable legislation,
The doctrine of Territorial Nexus
It is based upon the doctrine of power separation. Separation of
power mandates to strike power of balance between different
state components.
It is based on the maxim that “what cannot be done directly,
cannot also be done indirectly”.
This doctrine of colourable legislation is applied when a
Legislature does not have the right to make law upon a
particular subject but indirectly makes one.
The Court has laid down certain tests for discovering whether
any particular Act constitutes colourable legislation.
(a) The court must not look into its form or the label but the
substance of the law which the legislature has given it.
(b) The court must look at the object as well as the effect of
the law.
If the legislature proceeds under a legislative plan the court
must read all the statutes constituting that plan and determine the
combined effect.
Application of this Doctrine:
K.C. Gajapati Narayana Deo And Other v. The State Of
Orissa,
“If the Constitution of a State distributes the legislative powers
amongst different bodies, which have to act within their
respective spheres marked out by specific legislative entries, or
if there are limitations on the legislative authority in the shape of
fundamental rights, questions do arise as to whether the
legislature in a particular case has or has not, in respect to the
subject-matter of the statute or in the method of enacting it,
transgressed the limits of its constitutional powers”.
2.Territorial nexus
The doctrine of Territorial Nexus
Clause 1 of article 245 says- subject to the provisions of this
Constitution, “Subject to the provisions of this Constitution,
Parliament may make laws for the whole or any part of the
territory of India, and the Legislature of a State may make laws
for the whole or any part of the State”.
The second clause says that “no law made by Parliament shall
be deemed to be invalid on the ground that it would have an
extra-territorial operation”.
According to Article 245(2), laws cannot be declared invalid on
the ground that they are extraterritorial.
This doctrine is applied, when it is to be examined that particular
legislation is within the territorial nexus or not.
In the case of Tata Iron Steel vs. the State of Bihar,[11] the
supreme court applied this doctrine.
3.Pith and substance
The doctrine of Pith and Substance

 It arises when there is a conflict between two or different

subject matters of different list.

 There can be circumstances in which subject matter of list 1

clashes with the subject matter of list 2. Hence, this
doctrine is applied in this kind of situation.

 The main reason behind the adoption of this doctrine of

pith and substance is that the powers of the legislature
would be severely limited if every law were to be declared
invalid on the ground that it infringes power.
 According to this doctrine, it is examined to check its“true
nature and character” in order to ascertain in what list it
falls.

 It provides a degree of flexibility. It is widely used in

determining whether the state is within its power to make
statute which involves a subject mentioned in the union list
of the constitution.

 It is applied in the case State of Bombay Vs F.N

Balasar, by the supreme court. This was the first important
judgment which upheld the pith and substance.