Q. With reference to judiciary, which of the following statements appropriately describes the ‘Doctrine of Pith and Substance’?

[A] It places emphasis on the real subject matter and not its incidental effects on another field.

[B] The legislature cannot seek to achieve some other purpose under the guise of power given for one particular purpose.

[C] The legislature cannot seek to achieve some other purpose under the guise of power given for one particular purpose.

[D] It deals with inconsistency between two or more parts of a legal instrument.

Answer: A
Notes:

Exp) Option a is the correct answer.

Option a is correct. Pith denotes the ‘essence of something’ or the ‘true nature’, while substance states ‘the most significant or essential part of something’. The Doctrine of Pith and Substance places emphasis on the fact that it is the real subject matter which is to be challenged and not its incidental effects on another field.

Important Tips

• As per the Doctrine of Colourable Legislation, if anything is prohibited directly then it is also prohibited indirectly.

• The Doctrine of Basic Structure signifies the basic features of the Constitution, which cannot be amended, as they form the foundation of the Constitution on which its core principles stand.

• The Doctrine of Repugnancy deals with conflict
between two pieces of legislation which when
applied to the same facts produce different results.
Repugnancy arises when the provisions of two laws are
so inconsistent and irreconcilable that it is impossible
to do one without disobeying the other. Article 254 of
the Indian Constitution firmly entrenches the Doctrine
of Repugnancy in India. This doctrine deals with
the conflict of law arises between Center and States.
Article 254(1) states that if any provision of law or law
made by the legislature of the State is repugnant to the
any provision of law or law made by the Parliament,
then the law made by Parliament will prevail over State
enacted Law

 

 

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