Doctrine of Colourable Legislation

The Doctrine of Colourable Legislation is a constitutional principle in India that addresses situations where a legislature exceeds its jurisdiction under the guise of enacting a law within its competence. Derived from the Latin maxim “Quando aliquid prohibetur ex directo, prohibetur et per obliquum” (what cannot be done directly cannot be done indirectly), this doctrine ensures that legislative powers conferred by the Constitution are not violated. It is primarily applied when a law, though appearing to be within the legislative competence of a body, effectively trespasses into a domain reserved for another. The doctrine emphasizes the substance over the form of legislation, examining the true intent and purpose behind a statute. If the legislature enacts a law ostensibly within its authority but its actual effect is to encroach upon the jurisdiction of another, such legislation is deemed “colourable” and declared invalid.

The doctrine operates as a safeguard to maintain the balance of power between the Union and State legislatures, as enshrined in the Constitution of India. Articles 245 and 246, along with the Seventh Schedule, demarcate the legislative competencies of the Union and State governments. The judiciary uses this doctrine to prevent legislative overreach and protect the federal structure. A landmark case illustrating this principle is K.C. Gajapati Narayan Deo v. State of Orissa (1953), where the Supreme Court ruled that the Orissa Agricultural Income Tax Amendment Act was colourable legislation, as its true intent was to achieve objectives outside the legislature’s competence.

It is important to note that the doctrine does not question the legislature’s bona fides but focuses solely on whether the law violates constitutional boundaries. It serves as a check on legislative power, ensuring adherence to the principle of constitutional supremacy. In essence, the Doctrine of Colourable Legislation upholds the integrity of constitutional demarcations, preventing legislative bodies from undermining the spirit of the Constitution through indirect means. This principle reinforces the rule of law and preserves the equilibrium in India’s federal framework.