The yardstick is the extent to which the society can tolerate though not approve. Whenever, Legislature tries to shift this balance of power towards itself then Doctrine of Colorable Legislation is applied to take account of Legislative Accountability. What it cannot do directly, it cannot attempt to do indirectly. Write short notes on the following: 1 Money Bill 2 Doctrine of Pith and Substances 3 Doctrine of Colourable Legislation 4 Financial Emergency. The circumstances in which this might happen where when an Act was against common right and reason, or repugnant, or impossible to be performed.
In 17th Century in Dr. You may , discuss the issue on the , or , as appropriate. Legislation owes its authority to legislation. Government accounting in India has fulfilled this traditional role exceptionally well. Secondary rules are necessary to cure the defects which a simple social system may have to face due to static nature of the primary rules, their uncertainty and their inefficiency regarding dispute 6 This can also be traced by the concept of sovereign given by Austin. In respect of a particular legislation, the question may arise whether the legislature has transgressed the limits imposed on it by the constitution.
Short Speech on the âDoctrine of Colourable Legislationâ
They entrust it with responsibility for critical decisions about the design and implementation of public policy, and use of public funds. If the common belief of society is not enforced, society will lose respect for the system and there will be a general disregard of the system. If the Constitution of a State distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or has not, in respect to the subject- matter of the statute or in the method of enacting it, transgressed the limits of its constitutional powers. The same is the situation in case of Canadian Constitution. In this manner the doctrine of colourable legislation is related to legislative accountability.
Short Essay on the Doctrine of Colourable Legislation
Good governments of which legislature is also a part ; can earn their confidence. Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. While there would be innumerable reasons, a major factor for the deterioration has been the progressive loss of ideology and erosion of values among the political leadership. While the public, through the ballot box, makes the ultimate decision about who should be returned to Congress, involving the public in the internal ethics process should make the process more balanced and credible. Therefore, the Court can apply this doctrine to check whether the legislature is competent enough to bring in any constitutional amendment or not. Whenever, Legislature tries to shift this balance of power towards itself then Doctrine of Colorable Legislation is applied to take account of Legislative Accountability. When it dies there, no constitution, no law, no Court can save it.
In India, Legislature is supreme but not sovereign6. If, in fact, it has power to make the law, its motives in making the law are irrelevant. Kameshwar Singh is the only case where a law has been declared invalid on the ground of colourable legislation. For detailed concept, see Fuller, The Morality of Law. The Supreme Court had earlier announced that possessing an Aadhaar card will remain optional. Rather it is because of a good constitution that we may expect a society composed of moral men.
Every Aadhar card has a unique 12 digit number. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. But I feel that this Legislature is accountable more of morally than that of legally, but as my project topic reflects its vice-versa so I am dealing with more of legal accountability than of moral accountability. July 2018 The doctrine of colourability is the idea that when a wants to do something that it cannot do within the constraints of its 's , it colours the law with a substitute purpose, allowing it to accomplish its original goal. A distinction, however, exists between a legislature which is legally omnipotent like the British Parliament and the laws promulgated by which could not be challenged on the ground of incompetency, and a legislature which enjoys only a limited or a qualified jurisdiction.
What does the word 'colorable' mean when used by a lawyer?
The idea conveyed by the expression is that although apparently a Legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise. The underlying idea is that although apparently, a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be mere pretence or disguise. This shows that everywhere, the Constitution framers must have thought that accountability lies in the heart of an institution. These are the questions which needs immediate answer. If law is the command of the sovereign and if the sovereign is that body which enjoys general obedience and owes obedience to no other body, then clearly the sovereign can not be bound by law; for this it would mean that the sovereign is bound by and owes obedience to some other body. The validity of a validating law has to be judged mainly be judging, firstly whether a legislature possesses competence over the subject matter i. Comptroller and Auditor-General of India 1.
Such an instance is clear fraud on constitution. The court will scrutinise to ascertain whether the legislature by device purports to make a law which though in forms appears to be within its sphere in effect or substance, reaches beyond it. There can be two types of Legislative Accountability 1. This requires a total culture shift in Indian governance. The Legislature cannot violate the Constitutional prohibitions by emplOying indirect methods. A legislature does not act on extraneous consideration.
