Understanding the Doctrine of Colourable Legislation: An Indian Perspective

The doctrine of separation of power essentially demarcates between three organs of the state namely, legislature, executive and judiciary. The basic duty of the legislation is to make laws, however there are certain limitations to its law making power which is the basic foundation of ‘Doctrine of Colorable legislation. The doctrine becomes handy for the courts to determine the legislative competence of the legislature when it comes out with a legislation. In this article the author shall explain the doctrine and trace the evolution of Indian jurisprudence on this doctrine. Further, he looks at the scope and limitations of the doctrine.