Doctrine of Pith and Substance

 The doctrine of Pith and Substance is applied when one legislature's law is contested or trespassed upon by other legislatures. This theory states that while assessing whether a certain law applies to a specific subject, the court looks at the substance of the matter. For instance, if a state’s law falls in the domain of the Union list of Schedule, the court uses the doctrine of Pith and Substance to check the validity of the law.

In this article, we will discuss what is the doctrine of Pith and Substance and the famous Supreme Court Judgements in which this doctrine is used to check the validity of the law.

Concept Of Doctrine Of Pith And Substance

  • The doctrine of pith and substance is a legal doctrine that first emerged in the Canadian constitution.
  • When there is a dispute between two or more topic issues from different lists, this occurs.
  • In some cases, the topic content of list 1 may conflict with the subject matter of list 2. As a result, this doctrine is used in this case.
  • The major rationale for adopting this doctrine of pith and substance is that if every law were found illegal because it infringed on power, the legislature's powers would be severely curtailed.
  • It is examined under this doctrine to determine its "true nature and character" in order to determine where it belongs on the list. If the test succeeds then the law is held to be intra vires though it looks like encroachment of other lists.
  • It allows for some freedom. It is frequently used to determine whether a state has the authority to enact legislation involving a subject listed in the constitution's union list.

Supreme Court Judgements In Which Doctrine Of Pith And Substance Is Used

State of Bombay vs. F.N. Balsara

  • The case of State of Bombay vs. F.N. Balsara involved a challenge to the Bombay Prohibition Act on the grounds that the prohibition of liquor over state borders was a concern for the Central Government.
  • The import and export of liquor were in the domain of the centre which was under the Union List.
  • The statute was upheld by the court because it was in its essence and content and fell under the State List, despite the fact that it had an influence on liquor imports.

Prafulla Kumar Mukherjee v. Bank of Khulna

  • The Bengal Money Lenders Act was challenged in the case of Prafulla Kumar Mukherjee v. Bank of Khulna on the grounds that it limited the rate of interest and the amount recoverable by a moneylender on any loan.
  • Promissory notes were claimed to be a central rather than a state issue.
  • The Privy Council decided that the act was legitimate in spirit and substance and that the law relating to 'money lending and money lenders' was a state subject that was valid even if there was accidental encroachment on 'Promissory notes,' which was a central concern.
Significance

Significance

  • The doctrine of Pith and Substance is used to check if the statue really encroaches on other domains.
  • It helps the judiciary to decide if the statute is either intra vires or ultra vires in nature.
Conclusion

Conclusion

  • In a nutshell, Pith and Substance refers to the fundamental nature of law. The theory focuses on the actual subject matter rather than its implications for other fields of legislation.
  • This theory is utilized to settle concerns originating from repugnancy caused by inconsistencies in the legislation enacted by the parliament and state legislatures under Article 254 of the Constitution.
  • If the encroachment is incidental or ancillary, the legislation would be considered valid; if it turns out to be considerable, the legislation would be pronounced invalid.


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