Colorable legislation

This query is : Resolved 

19 April 2009

Sir can you define the doctrine of colorable legislation?

A V Vishal (Expert)
20 April 2009

Colourable legislation i.e. an law which out from an exercise of power one does not possess. In simpler terms it means indirectly doing something which cannot be done directly.
What is pivotal is the fact that the legislature (usually this is associated with state legislature) does not possess the power to make law upon a particular aspect but nonetheness indirectly makes one.

N.K.Assumi (Expert)
20 April 2009

It means "colour" or "Guise" of power conferred for one purpose but does something else by the authority which is not authorised to do under the Law on question: See the case of Somawati Vs State of Punjab AIR 1963 S.C.151

J K Agrawal (Expert)
24 April 2009

These citations may be useful

State of Arunachal Pradesh & Ors. vs
Union of India & Ors.
Karnataka High Court [ Single Judge ]
W. P. No. 6680 of 2007
Decided on 08/05/2007

The Associated Cement Companies Ltd. and another vs State of Chhattisgarh and others.
Chattisgarh High Court [ Division Bench ]
W. P. No. 5440 of 2005
Decided on 15/12/2006

Guest (Expert)
22 March 2012

Very useful

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