Q. “If a legislature lacks the jurisdiction to enact laws on a specific subject directly, it cannot make laws on it indirectly”. This doctrine is applied when the legislature tries to accomplish something in a backhanded way when it can’t do it straightforwardly.
Which of the following judicial doctrines mentioned in the above passage?
Exp) Option d is the correct answer.
Option d is correct: The Doctrine of Colorable Legislation is used when the legislature does not possess powers to make law on a particular subject but indirectly makes one. It is also called ‘Fraud on the Constitution’. The doctrine traces its origin to the Latin maxim that, “whatever legislature cannot do directly, it cannot do indirectly”. The doctrine was used by the Supreme Court of India in the case of Gajapati Narayan Deo v. The State of Orissa to decide legality of the statute enacted.
| Important Tips • The Doctrine of Ancillary Powers implies that the power to legislate on a topic of legislation carries with it the power to legislate on an ancillary matter which can be said to be reasonably included in the power given. • The Doctrine of Severability states that the whole law or act would not be held invalid, but only those provisions will be held invalid which are inconsistent with the fundamental rights. • This Doctrine of Eclipse is applied when any Act/ law violates fundamental rights. Using this doctrine, the court makes the entire law unenforceable. Since the Fundamental Rights overshadows the law, it is called the doctrine of eclipse. |
