Analyzing Legislative Flexibility: Exploring the Doctrine of Colourable Legislation

  • Madhav Kumar
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  • Madhav Kumar

    Student at University of Calcutta, India

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The courts across the country through judicial interpretation develop numerous principles which have a different connotations, this article highlights one such doctrine ie, “The Doctrine of Coloured Legislation”.With the expansion and evolution of constitutional jurisprudence, a variety of new approaches emerges and one such concept is Colourable Legislation. This article examines the literal meaning of Colourable legislation. After formulating and understanding the concept, this article propounds the historical aspect of this doctrine comprehensively and lucidly. The foundation of Constitutional federalism plays a very pivotal role in the smooth functioning of the country. The balancing approach between the central government and the state government should be tackled in a sophisticated and liberalized manner providing legislative flexibility along with considering legislative ramifications. This article through analyzing the judicial precedents, and constitutional literature develops a guiding principle for judicial outcomes. The findings of this article will help to analyze the federal structure of the government and explore the horizon of interpretation of legislation. This article explores the constitutional provisions ascertaining the application of the Doctrine of Coloured legislation. This article holistically concludes with the synchronize application of this principle by deeply analyzing its violative ramification.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2381 - 2385


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