Consider the following statements: Whenever the question is whether a State Legislation has encroached upon the field of the Union Legislation, the Court will decide the competence of the Legislature and validity of such legislation by applying
- repugnancy
- colourable legislation
- pith and substance
- harmonious construction Which of the statements given above is/are correct?
Explanation:
When a question arises about whether a State Legislature has encroached upon the field of Union Legislation, the primary doctrine applied by courts to determine the legislative competence and validity of such legislation is the doctrine of 'Pith and Substance' (3). This doctrine examines the true nature and character of the legislation. While 'colourable legislation' (2) is also used to strike down laws that indirectly achieve what cannot be done directly, and 'harmonious construction' (4) is a rule of interpretation, 'pith and substance' is the most direct test for legislative competence in federal disputes. 'Repugnancy' (1) applies to conflicts in the Concurrent List, not direct encroachment on another list.