- Home
- Prelims
- Mains
- Current Affairs
- Study Materials
- Test Series
EDITORIALS & ARTICLES
Explain the doctrine of colourable legislation and legislative accountability.. (250 Words)
DOCTRINE OF COLORABLE LEGISLATION: A TREND TO ESTABLISH LEGISLATIVE ACCOUNTABILITY
This doctrine states that “if the Constitution of a State distributes the legislative spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, question do arise as to whether the legislation in a particular case has not, in respect to the subject-matter of the statute or in the method of enacting it, transgressed the limits of its Constitutional powers”. (K.C. Gajpati Narain Dev v. State of Orissa case 1953)
Such transgression may be patent, manifest or direct, but may also be disguised, covered and indirect and it is to this latter class of cases that the expression “Colorable Legislation” has been applied in certain judicial pronouncements. It is also sometimes called as “Legislative Fraud”. In a federal Constitution transgression of its limits of power by legislation may be i) open, direct and overt OR ii) disguised, indirect and covert. The latter is termed as Colorable Legislation.
- The doctrine has no application where the powers of a Legislature are not pinioned by any Constitutional limitation.
- The doctrine is also not applicable to subordinate legislation.