Indian Polity • ConstitutionHard

Analyze the constitutional implications of the doctrine of pith and substance in federal legislative disputes: 1. It is used to determine whether a legislature has encroached upon a subject assigned to another legislature under the Seventh Schedule. 2. If the core essence of a challenged enactment falls within the competence of the enacting legislature, incidental encroachment on another list does not invalidate the law. 3. This doctrine is exclusively applied by High Courts and cannot be invoked by the Supreme Court of India. Which of the statements given above are correct?

A. 1 and 2 only✓ Correct Answer

B. 2 and 3 only

C. 1 only

D. 1, 2 and 3

💡 Solution & Explanation

Statements 1 and 2 are correct because pith and substance examines the true character of legislation to save laws from invalidation due to incidental overlap with subjects in other legislative lists. Statement 3 is incorrect because the Supreme Court frequently applies this doctrine while adjudicating constitutional distribution of powers. The doctrine ensures that legislative powers granted under Article 246 are interpreted flexibly and practically.

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