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Colorable legislation (Constitutional Law)

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This query is : Resolved

Author : anshul sangal

Posted On 19 April 2009 at 22:29

Sir can you define the doctrine of colorable legislation?


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Expert : A V Vishal

Posted On 20 April 2009 at 02:49

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.

Expert : N.K.Assumi

Posted On 20 April 2009 at 07:10

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

Expert : J K Agrawal

Posted On 24 April 2009 at 15:54

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

Expert : Member (Account Deleted)

Posted On 22 March 2012 at 12:13

Very useful



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