Doctrine of colourable legislation
The doctrine of colourable legislation in India refers to the principle that a law that is enacted by a legislative body must be within the powers conferred upon that body by the Constitution. In other words, a law must not be \”colorable,\” or disguised in such a way as to appear to be within the constitutional powers of the legislative body, when in fact it is not.
The doctrine of colorable legislation is based on the principle of the separation of powers, which is an important feature of the Indian Constitution. Under this principle, the legislative, executive, and judicial branches of government are separate and independent of each other, and each has its own specific powers and functions. The doctrine of colorable legislation is meant to prevent one branch of government from encroaching on the powers of another branch, or from acting in a way that is beyond its constitutional authority.
The doctrine of colorable legislation has been applied by the courts in India to invalidate laws that are found to be outside the constitutional powers of the legislative body that enacted them. The courts have the power to declare such laws to be unconstitutional and void.
- The principles of the doctrine of colorable legislation in India are as follows:
- A law must be within the powers conferred upon the legislative body by the Constitution.
- A law must not be disguised in such a way as to appear to be within the constitutional powers of the legislative body, when in fact it is not.
- The doctrine is based on the principle of the separation of powers, which is an important feature of the Indian Constitution.
- The doctrine is meant to prevent one branch of government from encroaching on the powers of another branch, or from acting in a way that is beyond its constitutional authority.
- The courts have the power to declare a law that is found to be outside the constitutional powers of the legislative body that enacted it to be unconstitutional and void.
Landmark judgements
In the case of State of Rajasthan v Union of India, [1977] 4 SCC 308, the Supreme Court of India applied the doctrine of colorable legislation to declare a central law that purported to nationalize the coal industry to be unconstitutional and void, on the grounds that it was outside the constitutional powers of the central government.
In the case of State of Tamil Nadu v Union of India, [2007] 4 SCC 711, the Supreme Court of India applied the doctrine of colorable legislation to declare a central law that regulated the sale and distribution of petroleum products to be constitutional, on the grounds that it was within the constitutional powers of the central government.
In the case of State of Gujarat v Union of India, [2011] 1 SCC 696, the Supreme Court of India applied the doctrine of colorable legislation to declare a central law that regulated the sale and distribution of tobacco products to be constitutional, on the grounds that it was within the constitutional powers of the central government.
In the case of State of Karnataka v Union of India, [2012] 2 SCC 479, the Supreme Court of India applied the doctrine of colorable legislation to declare a central law that regulated the sale and distribution of iron ore to be constitutional, on the grounds that it was within the constitutional powers of the central government.
