Question

Which of the following doctrines is closest to the maxim “quando aliquid prohibetur ex directo, prohibetur et per obliquum”, i.e. what cannot be done directly, should also not be done indirectly ?

• A. Doctrine of pith and substance
• B. Doctrine of territorial jurisdiction
• C. Doctrine of colourable legislation
• D. Doctrine of repugnancy

Answer 1

The Correct Option is C

• The doctrine closest to the maxim “quando aliquid prohibetur ex directo, prohibetur et per obliquum”, which means what cannot be done directly, should not be done indirectly, is the Doctrine of colourable legislation. 
• This doctrine essentially states that legislation cannot achieve indirectly what it cannot achieve directly. 
• It is often applied when there is an allegation that the legislature has overstepped its constitutional mandate by disguising the true nature of the legislation. 
• The key concept here is to assess the substance of the law rather than its form.