Question

K. C. Gajapati Narayan Deo v. State of Orissa, is often quoted with reference to

• A. Doctrine of Eclipse
• B. Doctrine of severability
• C. Doctrine of colorable legislation
• D. Doctrine of territorial nexus

Hint:

Associate the doctrines with their core ideas: - \textbf{Colorable Legislation}: Indirectly doing what is directly forbidden (looks like one thing, but is actually another). - \textbf{Pith and Substance}: Determining the "true nature" of a law to assign it to a legislative list. - \textbf{Eclipse}: A pre-Constitution law being overshadowed by a Fundamental Right.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Constitution of India distributes legislative powers between the Parliament and State Legislatures (Union List, State List, Concurrent List). The Doctrine of Colorable Legislation is a principle used by courts to determine if a legislature has overstepped its constitutional powers.
Step 2: Detailed Explanation:
- Doctrine of Colorable Legislation: This doctrine is based on the maxim, "what you cannot do directly, you cannot do indirectly". It means that if a legislature is forbidden from legislating on a particular subject, it cannot try to legislate on it by using a disguise or a "colorable" device. The court looks at the substance (pith and substance) of the law, not just its form, to determine if the legislature has indirectly done something it was not empowered to do.
- K. C. Gajapati Narayan Deo v. State of Orissa (1953): This is the leading case on the Doctrine of Colorable Legislation. The Supreme Court explained the doctrine in detail in this judgment. The court stated that the question of whether a legislature has acted in a colorable manner is a question of its power and competence to enact the law. If the legislature is competent to enact the law, its motive is irrelevant. However, if the legislature lacks competence, the law is invalid, and if it has tried to disguise its transgression, it is a "colorable" piece of legislation.
- Other Doctrines: - Doctrine of Eclipse: Deals with pre-constitutional laws that are inconsistent with Fundamental Rights. - Doctrine of Severability: If an offending provision of a statute can be separated from the rest, only that provision is declared void. - Doctrine of Territorial Nexus: Deals with the territorial jurisdiction of a state legislature to make laws.
Step 3: Final Answer:
The case of K. C. Gajapati Narayan Deo v. State of Orissa is the locus classicus (the most authoritative case) for the Doctrine of Colorable Legislation.