legislature could only make laws within its legislative
competence. Its legislative field might be circumscribed by
specific legislative entries or limited by fundamental
rights created ... legislature can only make laws
within it legislative competence. Its legislative field may
be circumscribed by specific legislative entries or limited
by fundamental rights created
433A into the Code of Criminal
Procedure , 1973-Validity of-Colourable legislation fraud-
Meaning of-Doctrine of pith and substance-Applicability of.
Articles ... enactment of one
legislation and failure to
873
enact another. There is no question of `legislative fraud'
or `colourable legislation' involved
Orissa Agricultural Income-tax (Amendment) Act, 1950-
Validity "Colourable legislation"-Tests of validity-Effect
of ulterior motives-Provisions for vesting buildings and
private ... Constitution and as such invalid as it
was a colourable legislation to effect a drastic reduction
in the compensation payable under the Estates Abolition
urged
that the impugned Act was a piece of colourable
legislation in that it had confiscated, under the
guise of defining a permanent tenant ... legislation not within the
competence of the State Legislature. The
legislation would then fall on the main ground
that it is a piece of colourable
Constitution was advanced before us. The argument as to colourable legislation was on the ground that the Act is confiscatory in character and that this ... want of legislative competence, and therefore no question of colourable legislation; and that the tax imposed by the Act was not excessive
243ZL of the Constitution
of India and amounts to colourable legislation.
(iv) As per Section 5 of the Amendment Act certain
special provisions had been ... colourable legislation beyond the legislative
competence of the State legislature. What
W.P.C.No.3757/2012 &
connected cases 43
is colourable legislation
what not - the fact remains-constitutional questions revolving on :
(i) Legislative competence ;
(ii) Colourable piece of Legislation;
(iii) Violation of rights under Articles ... below arise for consideration in all these cases :
I. Legislative competence ;
II. Colourable piece of Legislation ;
III. Violation of rights under Articles
doctrine of colourable legislation has no application where there is ample legislative competence and the Legislature has proceeded to legislate on a field assigned ... rational bearing on the subject of the legislation, the doctrine of colourable legislation or legislative incompetence can be invoked to declare the provision ultra vires
Messrs Addwrap Packaging Pvt. Ltd vs Union Of India on 13 June, 2025
Author: Bhargav
executive. Consequently, the doctrine
of colourable exercise of power as applicable in the matter of legislation would
equally apply to the exercise of power ... Schedule VII. The tariff and duty
operates in separate legislative fields, serving distinct legislative purpose. The
APERC acknowledged it in its common tariff order
