Eat.Sleep.Law

The basic purpose of this doctrine is to determine under which head of power or field i.e., under which list (given in the Seventh Schedule) a given piece of legislation falls Pith means 'true nature or 'essence of something and Substance means the most important or essential part of something.   The  doctrine of Pith and Substance says that where the question arises of determining whether a particular law relates to a particular subject (mentioned in one List or another), the court looks to the substance of the matter. Thus, if the substance falls within Union List, then the incidental encroachment by the law on the State List does not make it invalid.   The Doctrine is applied when the legislative competence of a legislature with regard to a particular enactment is challenged. When a law dealing with a subject in one list touches on a subject in another list. In such a case, what has to be ascertained in the pith and substance of enactment Le. true object/purpos...

Two Articles of the Indian Constitution become very important in the evolution of this Doctrine i.e., Article 13, which serves as Protector of Fundamental Rights and Article 368, which holds the power to Amend the Constitution.   When we clash Article 13 & Article 368, some very questions come before us. Can the Constitution be amended by the Parliament? Can the Preamble be amended by the Parliament? Can the Fundamental Rights be amended by the Parliament?  Is the Amendment Power under Article 368 being absolute? Are there any restrictions on it? Now the whole discussion was over the tussle of Power and the question is who is supreme, the Supreme Court or the Parliament? And for that, we need to see the series of events. The question is whether FRs can be amended by the parliament under Article 368 came for the consideration of the supreme court within a year of the constitution coming into force. In the Shankari Prasad Case, 1951, the constitutional validity of the fi...