Doctrine of Pith and Substance

Q. Explain the doctrine of Pith and Substance. [4 marks - 2022]

Q. Explain the rule of 'Pith and substance'. [10 marks - 2019]

Q. Explain the doctrine of 'Pith and Substance'. [10 marks - 2017]

Doctrine of Pith and Substance

The doctrine states that the state and the union governments should enact laws within their specified areas as enshrined under seventh schedule and will not encroach upon the other's teritory. If however there is incidental encroachments, the courts will apply the doctrine of Pith and Substance

However, if one among the state and the Centre does encroach upon the sphere of the other, the courts will apply the Doctrine of Pith and Substance.If the true object of the legislation relates to a subject within the competence of the legislature that enacted it, it should be held to be intra vires although it may incidentally encroach on the matters not within the competence of the legislature.

The doctrine was applied for the first time by the Supreme Court in State of Bombay vs FN Balsara and upheld this. The State of Maharashtra restricted the sale and possession of liquor by the provisions of the Bombay Prohibition Act and the same was challenged with the rationale that it was an interference on the act of importing and exporting of the liquor through the borders. The apex court held that the impugned legislation was in pith and substance a State subject even though it incidentally encroached the subject enumerated in List I.