Challenging the Law - Incompetence of the Legislature

The validity of the laws, ordinarily, can be challenged, broadly, on two grounds – (a) the incompetency of the legislature to enact the impugned law; or (b) the impugned law frustrates the mandate of provision of the Constitution of India.

The Schedule VII annexed to the Constitution of India contains three lists, (i) a list which indicates the subjects on which the Union Govt has exclusive prerogative to enact laws; (ii) a list which indicates the subjects on which the State has exclusive prerogative to enact laws; and (iii) the concurrent list, a list which indicates the subjects on which both State and the Union can enact the laws.

A law thus enacted by the State Legislature, may be challenged on the premise that the subject matter of the impugned law is beyond the scope of the State Legislature; and similarly where a law enacted by the Union Govt may be challenged on the premise that the subject matter of the impugned law is beyond the scope of the Union Legislature.

The test to determine the validity of the said legislative actions are crystallized in the form of doctrines of –

·         doctrine of Pith and Substance;

·         doctrine of colourable exercise of power;

·         doctrine of eclipse

Important Links

Legal Referencer: https://www.litigationplatform.com/

Imposing Accountability: http://www.satyamevajayate.info/rtibook

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