International Journal For Multidisciplinary Research

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The Colorful Tapestry in Indian Legal System: Delving into Colorable Legislation in India

Author(s) Ananya Chauhan, Ms. Soumya Khanna
Country India
Abstract The study explores the complex web of Indian constitutional law, elucidating the subtle yet crucial idea of the doctrine of colorable legislation. The study sets out on a historical expedition, following the doctrine's origins to the colonial era, when British constitutionalism profoundly influenced Indian legal philosophy. Beyond historical forebears, the investigation includes a thorough examination of the doctrine's development within the context of the Indian Constitution. According to the theory of "colorable legislation," the government may enact laws while pretending to have authority in order to give the false impression of compliance while departing from the truth. The purpose of the paper is to outline constitutional provisions, examine significant rulings from the judiciary, and evaluate the doctrine's implementation in significant cases. The historical background section describes how the concept developed during the colonial era in response to laws that attempted to go beyond the bounds of the constitution.
The section on ‘Constitutional Framework’ explores the specific clauses included in the Indian Constitution, highlighting the importance of the division of powers, the careful balance between the Union and the States, and the judiciary's watchdog role in ensuring that legislative activities stay within the bounds of the constitution. The section on the ‘Genesis of Colorable Legislation’ delves into the complex layers of this concept, highlighting essential ideas such legislative intent, prioritizing substance over form, and recognizing the limits of legislative authority. Concerns concerning judicial overreach and the subjective nature of interpreting legislative intent are acknowledged in the ‘Challenges and Criticisms’ section. The research explores how the theory maintains a delicate balance and proposes clearer criteria to improve objectivity in judgments.
The analysis is summarized in the conclusion, which emphasizes that the doctrine of colorable legislation is a dynamic force that is reshaping India's constitution rather than merely being a historical artifact. It acts as an everlasting check on legislative overreach by making sure that laws are passed in accordance with the values stated in the Indian Constitution. The doctrine's
continued applicability highlights its significance as a pillar of Indian constitutional jurisprudence and a significant contributor to the nation's constitutional government.
Keywords Indian constitutional law, doctrine of colorable legislation, colonial influence, constitutional development, legislative intent, separation of powers, judicial review, constitutional framework, legislative overreach, legal history, constitutional jurisprudence.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 3, May-June 2024
Published On 2024-05-14
Cite This The Colorful Tapestry in Indian Legal System: Delving into Colorable Legislation in India - Ananya Chauhan, Ms. Soumya Khanna - IJFMR Volume 6, Issue 3, May-June 2024. DOI 10.36948/ijfmr.2024.v06i03.19823
DOI https://doi.org/10.36948/ijfmr.2024.v06i03.19823
Short DOI https://doi.org/gtt8wm
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