Q. Consider the following statements regarding the Doctrine of Colourable Legislation:- What cannot be done directly, cannot be done indirectly.
- It applies to laws violating Fundamental Rights.
- It applies when a legislature disguises a law beyond its competence.
- It examines the substance of the law, not its form.
Which of the above statements is / are correct?
Answer:
1, 3 and 4 only
Notes: The Doctrine of Colourable Legislation is based on the principle that a legislature cannot do indirectly what it cannot do directly. Hence, Statement 1 is correct. It is applied when legislatures exceed their competence by disguising the true purpose of legislation (Statement 3 correct), and the courts consider the substance rather than the form (Statement 4 correct). However, it does not directly target laws violating Fundamental Rights; such laws are invalidated by judicial review under Part III. Statement 2 is incorrect. A landmark case is K.C. Gajapati Narayan Deo v. State of Orissa (1953), where the Supreme Court examined the true character of the law to uphold constitutional limits.