Doctrine of Colorable Legislation

Q. Explain the doctrine of Colorable Legislation. [4 marks - 2022]

Q. Colorable Legislation [4 marks - 2021]

Doctrine of Colorable Legislation

The doctrine of colorable legislation puts restrictions on the legislature while framing laws so that the legislature cannot transgress the provisionso enshrined under the constitution of India.

In KC Gajapati vs State of Odisha, the SC explained the doctrine and held 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, questions do arise as to whether the legislature in a particular case in respect to the subject matter of the statute or in the method of enacting it, transgressed the limits of the constitutional power or not.