The Fundamentals Of The Doctrine Of Pith And Substance

March 18, 2024
Doctrine Of Pith And Substance

The Indian Constitution’s dedication to democracy, secularism, federalism, as well as social justice constitutes the foundation of its concept. It supports a framework for governance that preserves the principles of freedom, equality, and brotherhood for all citizens by ensuring fundamental rights, equality before the law, as well as the separation of powers. Among the various law doctrines, the doctrine of eclipse or the doctrine of colorable legislation, one key idea in constitutional law that aids in determining the genuine intent and legality of legislative acts is the doctrine of pith and substance. This Doctrine of Pith and Substance is especially pertinent in federal systems where a written constitution defines the boundaries of the federal government’s and the states’ respective powers.

Pith and Substance: What is It?

  • Pith signifies the actual nature or essence of anything, and Substance refers to the most significant or necessary component of something, to break down the doctrine to its most basic meanings. 
  • According to this doctrine’s formulation, the state and federal legislatures are supreme inside their respective domains and are not allowed to cross boundaries into each other’s domains.
  • According to the doctrine, legislation does not automatically become illegal just because it impacts an area outside of the legislature’s legal purview if its primary goal is within that power.

Doctrine of Pith and Substance: Its Meaning

  • A legal theory known as “pith and substance” originally appeared in the Canadian constitution.
  • As per the pith and substance meaning, it happens when there is a disagreement between two or more topic concerns from various lists.
  • There may be instances where the topics covered in lists 1 and 2 are incompatible. Thus, in this case, this doctrine is applied.
  • The legislature’s authority would be severely limited if every law were declared unlawful because it violated someone else’s rights. This is the main justification for establishing the idea of the doctrine.
  • As per the pith and substance meaning, its “true nature and character” are investigated under this philosophy to ascertain its proper place on the list. Even though it appears to be an invasion of other lists, if the test is successful, the legislation is deemed to be intra vires.
  • It permits a certain amount of independence. It is commonly used to determine if a state is authorized to pass laws on a topic included in the union list of the constitution.

Pith and Substance Doctrine: Its Application

  • The primary objective or fundamental nature of the law must be determined by the courts. This entails taking a broad view of the law and comprehending its main goals. 
  • The court determines whether the law is within the enacting authority’s legislative competence after determining the law’s essence and content. If so, the law is said to be in force. 
  • To prevent an unreasonably restrictive construction from unfairly restricting the capacity to act on a particular issue, courts are encouraged to construe legislative entry broadly.
  • By preventing encroachment into areas designated for other levels of government, the doctrine helps guarantee that each level of government functions within the bounds of its constitutionally authorized authorities. 
  • The doctrine is a crucial instrument for preserving the federal systems’ constitutional balance. The constitutional authority or jurisdiction of a certain level of government to enact laws on a particular subject matter is referred to as legislative competence.

Important Judiciary Case Laws

The judiciary system is responsible for dealing with cases concerning the doctrine of pith and substance. Some of the cases are:

In the State of Bombay v F.N. Balsara case:

  • The Bombay Prohibition Act was challenged in the State of Bombay v F.N. Balsara case because the Central Government was concerned about the ban on alcohol over state lines.
  • Liquor imports and exports fell within the purview of the Union List-administered center.
  • Despite having an impact on liquor imports, the court upheld the Act since it was, in essence and content, part of the State List.

In the Prafulla Kumar v Bank of Commerce Case:

  • The Supreme Court ruled that the legislative authorities of the Union and the States cannot be distinguished with certainty and will inevitably overlap. 
  • When determining the essence and content of a law, the Court needs to take into account:
  1. The Act’s purpose; 
  2. Its extent; and 
  3. The overall effect

The Center and the States have struggled for legislative supremacy in some issues where the notion of the doctrine of pith and substance has been important. Many of the topics on the Union List are crucial since the Center in India has more influence than the states. States are only required to enact laws about matters that concern them. Even so, there may be overlaps just by a direct or indirect relationship between two pieces of legislation. The courts must do their duties without making any mistakes for this reason.

This doctrine, which promotes the peaceful coexistence of federal and state or provincial authorities within a nation’s legal structure, guarantees that the constitutional distribution of powers is respected by concentrating on the underlying character and purpose of laws.

Doctrine of Pith and Substance FAQs

What do you mean by Doctrine of Pith and Substance?

“Pith and Substance” refers to the actual essence of law. It is not the incidental impact on another field that is being contested, but the actual subject matter. The idea has also been used in India to give some flexibility to the otherwise strict power-sharing plan.

What is Article 13 Doctrine of Pith and Substance?

According to the Doctrine of Pith and Substance, state and federal legislators shouldn’t intrude on one another’s domains. This notion aids in determining the true character of a piece of legislation and which list it falls under, state or federal.

What is the doctrine of pith and substance in Kartar Singh v state of Punjab?

When a legislator’s legislative competence for a particular enactment is questioned in light of the entries in other lists, that is, when a law addressing a topic in one list also touches on a topic in another list, the doctrine of “pith and substance” is used.

What does pith mean in law?

The first method courts employ to ascertain which level of government has jurisdiction over a particular subject or issue is “breadth and substance.” A pith and substance examination, at its most basic, asks what the fundamental nature, or “matter,” of a law is.

What is the Doctrine of Pith and Substance in India?

By preventing encroachment into areas designated for other levels of government, the idea of pith and substance helps guarantee that each level of government functions within the bounds of its constitutionally authorized authorities. It is a crucial instrument for preserving the federal systems’ constitutional balance.

Which schedule Doctrine of Pith and Substance is used?

The theory spread to India, where it is firmly upheld by the Seventh Schedule and Article 246 of the Constitution. It developed into a renowned theory in India that served as the foundation for numerous important Supreme Court rulings.

What is pith and substance in Article 245?

According to Article 245 of the Indian Constitution, the Legislature of a State may enact laws for the whole State or any part of it, and the Parliament may enact laws for all of India. It further says that no law passed by Parliament may be declared unconstitutional because it would apply outside of its borders.

What is the importance of Article 245?

The scope of legislation passed by the state legislatures and the Parliament is covered by Article 245. It gives the state legislatures the power to revoke laws as well as the ability for the Parliament to enact new ones.

What is the difference between pith and substance and Colourable legislation?

What cannot be done directly also cannot be done indirectly, according to the Doctrine of Pith and Substance. The application of the Doctrine of Colourable Legislation arises in situations where there is a disagreement between the subjects included in distinct lists.

What is the dean of pith and substance?

A particular piece of legislation’s head of authority is ascertained using the doctrine of pith and substance. It maintains that the domains of the state and federal legislatures shouldn’t overlap.

To give students the best education available for law entrance exams including the CLAT, AILET, and numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come enroll now with Jyoti Judiciary!

For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf

Leave a Comment