Doctrine of Pith and Substance

In this article we will discuss Doctrine of Pith and Substance

In this article, we will discuss Doctrine of Pith and Substance. So, let’s get started.

Doctrine of Pith and Substance

  • Pith and substance is a legal doctrine used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government.
  • 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 a statute that 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 that upheld the pith and substance.

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