Consti Assignment PDF

Title Consti Assignment
Author Deeksha Sharma
Course BBA LLB
Institution Guru Gobind Singh Indraprastha University
Pages 1
File Size 35 KB
File Type PDF
Total Downloads 48
Total Views 127

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1.Territorial nexus Territorial nexus is a concept described in Article 245 of the Constitution of India that determines how legislative powers are divided. The article 245 sets out the limits of the legislative powers of the Union and the States from the geographical (or territorial) angle. From the point of view of the subject matter of legislation, it is article 246 which is important.Under article 246 it has been stated, ● ● ●

Parliament has the explicit power to make laws for the subject matters enumerated in the union list (list I of the 7th schedule) The state has the power to make laws for the subject matter enumerated in the state list(list II of the 7th schedule) Both the state and the union have the power to make laws for the subject matter enumerated in the concurrent list(list III of the 7th schedule)

Under article 245(2) of the Indian constitution, if any law is made by the parliament regarding the extraterritorial operations, no questions can be raised on its validity. Thus the validity of a legislation can’t be questioned. In this case, a court is bound to enforce the laws made with regards to extra-territorial operations. This legislation can’t be invalidated. 2.COLOURABLE LEGISLATION In India 'colorable legislation theory' implies only a restriction of the legislature's law-making power. While the government purports to act within its authority, it appears to realize but in fact, it has transgressed certain powers. So, the doctrine becomes valid whenever a statute tries to do what it can not do specifically in an indirect manner. In India parliamentary and state legislatures, legislative powers are delegated by Article 246 and allocated in the Seventh Schedule of the Indian Constitution by lists I, II, and III. Parliament has the power to legislate on any of the List II matters, and Parliament and the State Legislatures both have the power to make laws on any of the List III matters, and the residual power of regulation is vested on Parliament by way of Article 248 and Article 97, List I. It is a matter of how legislative power must be exercised between the Center and the States, or it relies only on the relationships between them, to create some legislation or the legitimacy of that rule. The main point is that the government with punitive authority can not invade the field of competency. It's called the "constitution scam." 3.PITH AND SUBSTANCE The doctrine states that within their respective spheres the state and the union legislatures are made supreme, they should not encroach upon the sphere demarcated for the other. However, if one among the state and the Centre does encroach upon the sphere of the other, the courts will apply the Doctrine of Pith and Substance. If the pith and substance i.e., the true object of the legislation pertains to a subject within the competence of the legislature that enacted it, it should be held to be intra vires although it may incidentally encroach on the matters not within the competence of the legislature...


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