The incorporation of Article on 17th October, after a long debate in the Constituent Assembly was one of the major historic inclusions made in the Indian Constitution. Then it was on 5th August, that one Presidential Notification, known as The Constitution Application to Jammu and Kashmir Order, was issued with the aim of amending the Article which is the interpretative clause of the Constitution for Article , by inserting a new sub-clause, that is Article 4 d and scrapping off the 65 year old Order, known as The Constitution Application to Jammu and Kashmir Order, With this new Order many questions were raised on the competency of the Legislation and on the proficiency of such step taken by it. In order to analyze this Order we will here take the help of the Doctrine of Colourable Legislation , which raises the question of competency whenever any law is enacted by the legislature.
The Doctrine Of Colourable Legislation
What is the Doctrine of Colourable Legislation all about?
More Current Affairs. Read More…. Visit Law Exam India. What is a colourable piece of legislation has been laid down by Supreme Court in K. It was pointed there that:. The whole doctrine of colourable legislation is based upon the maxim that you cannot do indirectly what you cannot do directly.
The Indian Constitution Law Constitutional Administrative Essay
The Indian Constitution has divided the different matters on which to make laws in three lists. The union, state and concurrent list constitute basically of matters constituting of matters to legislate by the union, state and by both. Colourable legislation comes into question when there is a question regarding the competency of legislative power between state and centre. It challenges the viability of an act based on the fact that if the legislature which passed it had the competency to pass an act on the said subject or not. If the legislature is not competent to make laws on the said subject then the law is considered to be ultra vires.
The doctrine of colourable legislation, which tests the competence of legislature against an enacted law, is likely to play a huge role. The process of amendment of Article was made simpler by presidential order, than by Article , but only with the consent of the state. The legislative competence of this action will be tested against the doctrine of colourable legislation, which limits the constituted power of parliament in India. Kashmiri journalists stage a silent protest inside Kashmir Press Club in Srinagar.