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Doctrine of Pith and Substance

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HomeBrud.gifConstitutional LawBrud.gifDoctrine of Pith and Substance

The Legal Doctrine of Pith and Substance is used when a law is challenged on the basis that one level of government has encroached upon the exclusive jurisdiction of another level of government, usually by way of Legislation.

The challenge will be done before a competent court and will usually be between two Governments of the same level or between a State and Federal (Union)

Pith and substance is basically used to decide if the Government encroached the jurisdiction of another and did some legislation.

intra vires = Within the jurisdiction or power of the law-making govt of not

Essential Checks

1. What is the true meaning or dominant feature of the impugned legislation? i.e the intention of the legislation itself

2. Is the purpose of doing the legislation within the jurisdiction of the govt or not?

3. 3. Legal Effects: To whom and how the legislation affect rights and liabilities