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.