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]

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[@theazharbashir]

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

[@upscgs8152]

That dragonfruit example is literally relatable

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

[@SamRit-bt9ri]

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

[@satvats]

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

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[@be572]

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

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[@palakpatel6137]

Thank you so much Ma'am aur ye topic pura crystal clear ho gya ❤❤

[@shakshisoni]

Awesome

[@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]

🥰

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[@padhakulog]

❤️❤️

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Nice. Grateful

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Great explanation

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Good information 😊

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nyc explanatoin di🤗

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[@krishnadataniya2556]

thank u so much mam , nice explanation.

[@bharatbhushan3163]

Extraordinary explanation thanks mam

[@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

[@gas800paar]

Thank you Beti ! Keep up the good work.

[@FardinRangooni-h2y]

thank you

[@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]

🥰🥰

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Nice explanation ma'am 😊😊

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Thankuuu❤

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Thank you ma'am ❤❤

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👍👌👌👌

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

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I m watching on 2x

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1.5

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[@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 ?

[@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.

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Noted* 😇

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[@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..