Doctrine of Pith and Substance | Article 246 | Schedule 7 of Indian Constitution

Doctrine of Pith and Substance
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The Constitution of India has divided the extent of legislative powers between the Centre and states by way of the Seventh Schedule.
The Seventh Schedule specifies the subject matters and divides the power to make laws between the Centre and the State.
🔴 List I or the Union List contains matters where the Centre has the power to make laws, e.g. Defence, Foreign affairs and Currency.
🔴 List II or the State list contains the subjects where the State has the power to make laws, e.g. public order, health and sanitation.
🔴 List III or the Concurrent List contains subjects where both the Centre and the State have powers to legislate, e.g. Education, Forests and Administration of Justice.
Although their spheres of influence are well established in the Seventh Schedule, there often arise conflicts as to whether the Centre or the State, as the case may be, is encroaching upon the sphere of the other. To deal with this conflict, the courts in India have evolved a few doctrines and the age-old doctrine of pith (essence of something) and substance (essential part of something) is one among them.
What is the Doctrine of Pith and Substance?
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The doctrine states that within their respective spheres the state and the union legislatures are made supreme, they should not encroach upon the sphere demarcated for the other.
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 pith and substance i.e., the true object of the legislation pertains 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 Privy Council applied this doctrine in Profulla Kumar Mukherjee v Bank of Khulna.
In this case, the Bengal Money Lenders Act of 1946 enacted by the State Legislature was challenged with the contention that parts of the legislation dealt with promissory notes; a central subject.
The Privy Council while upholding the validity of the impugned legislation stated that the Bengal Money Lenders Act was in pith and substance a law relating to money lenders and money lending - a state subject even though it incidentally trenches upon Promissory note - a central subject.
In State of Bombay v FN Balsara, the Bombay Prohibition Act was challenged on the ground that it accidentally encroaches upon import and export of liquor across custom frontier - a central subject. The court while upholding the impugned legislation declared that the Act was in pith and substance a State subject even though it incidentally encroached upon a central subject.
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[@padhakulog]

Doctrines full playlist -
th-cam.com/play/PLAxciooZTrO09DofBaGfrCPTVwXPUUeZY.html

[@Shuru_se]

Good information 😊

[@upscgs8152]

That dragonfruit example is literally relatable

[@satvats]

Jabardast Explanation... Tough language of Constitution is simply explained.

[@theazharbashir]

Very well explained , the illustration is the best part of it. Thank you madam. God bless

[@geenupawa3296]

Very meaningful and value for time . God bless . Pls share mire videos of important and relevant topics of llb .

[@be572]

The best work I've been on TH-cam, and pains to see it go under noticed. The whole series is beyond. 🎉

[@Kridha-ug1vk]

Your way of teaching is best.I have watched various videos but not understand.But thanks to you,I understand finally

[@zainabfarooqui8702]

Very well explained. I couldn’t understand this concept from any book or videos that i referred to. I saw this video only once and ended up writing 3 pages on it. I understood it that well. Thank you so much! Keep up the good work!

[@padhakulog]

🥰

[@RajeevKumar-iu6iw]

Wow🤩
Wo-ho.🥳

[@SamRit-bt9ri]

Thank you ❤soooo much......
Smajh nhi aa rh tha mujhe ye ek baar m aa gya

[@shakshisoni]

Awesome

[@bharatbhushan3163]

Extraordinary explanation thanks mam

[@Manishsharma-um1ru]

Nice mam

[@user-ce5qi2iw4z]

Kya mast explain kerte ho u deserve 100million

[@srishtikannaujiya2050]

Nice series ma'am.

[@vmahi.mahi8vmahi.mahi822]

Mam thank u sooo much k apne bht ache se or simple language main with nice example k sth smjhaya hai jo hamare dimang main long lasting tak ye topic clear ho chuka hai so thanks mam.. 😊

[@padhakulog]

❤️❤️

[@user-uh8fj4zw4x]

nyc explanatoin di🤗

[@user-ce5qi2iw4z]

Ek number ❤🎉🎉🎉🎉🎉🎉🎉 awesome nd easy way u r wonderfull love u

[@techhub7240]

Very well mam keep it up..❤❤

[@krishnadataniya2556]

thank u so much mam , nice explanation.

[@prashanttejwani9057]

Very nice explanation.... in depth and to the point... The best part is you didn't deviate from the topic while explaining... unlike others do... keep it up ...

[@padhakulog]

🥰🥰

[@amaanesensei]

good explanation but you are little bit slow I'm watching on 1.25x you can give explanation little faster

[@DeekshaMishra-vz6yw]

I m watching on 2x

[@amaanesensei]

@@DeekshaMishra-vz6yw 🤣🤣

[@Muv18]

1.5

[@ishanimehra9478]

Crystal clear mam❤

[@user-ui5rr6xd5k]

very well explained

[@ranachede5996]

Thank you 🎉

[@rabigemar6257]

Nice explanation ❤👍👍👏

[@AadmiAurInsaan]

Thank you Beti ! Keep up the good work.

[@anukritiuniyal]

Thank you ma'am ❤❤

[@legal_helpe1]

Great work ma'am....👌👍
.
Thankyou so much...❣️

[@KIRJASS15]

❤❤tnx mam

[@Shainygupta_gg]

Thankuuu❤

[@riteshtripathi8647]

Very Well Explained 😊 Tysm Ma'am 🎉

[@nehajain-ln4kz]

Awesome finally got it

[@ankitzone1]

👍👌👌👌

[@mdkaiflaw]

Soo good.❤ You will grow very soon 😊 mark my words. Carry on 😊

[@padhakulog]

Thanku so much for dese kind words 🥰🥰

[@vishakhasiddhpura5845]

Matlab state or center koi bhi incidental decision lete hai with true natural to wo pith and substance kaha jayega ?

[@kcdarshan]

IMP INFO:- This doctrine has been invoked for the first time in the case law (state of bombay V/s F N balasar)1951

[@niranjanabhay]

Video is sooooo good. But one suggestion, in my opinion we should stop propagating gendered stereotypes (mother was being related with household chores), they give indirect legitimacy (especially for laymen) to some bad practices of our society.

[@padhakulog]

Noted* 😇

[@niranjanabhay]

@@padhakulog You are so humble and a big thanks to you for replying me. So you are not only a great teacher but also a great human being🤗🤗.I never imagined that you would reply me.

[@skymanlive]

Mam apne intro chnge kar lo😅

[@neelamprasad9514]

Mam can u provide in pdf plzzz

[@khushichakerwarti347]

Examples even are gender based and stereotype.
Why budget decisions in the hands of the father and vegetables to the mother?
Please try to incorporate gender neutrality in examples too..