THE DOCTRINE OF COLOURABLE LEGISLATION

 The doctrine of "colourable legislation" in India refers to the principle that a law may be unconstitutional if it is passed in the guise of one purpose, but it is used for another purpose that is not within the scope of the powers of the legislature. Essentially, it refers to the practice of disguising an unconstitutional law as a constitutional one.

The doctrine of colourable legislation is based on the principle that the legislature cannot pass a law that is in violation of the Constitution, even if it has the power to do so. The courts in India have the power to strike down a law that is deemed to be colourable legislation, as it is a violation of the separation of powers and the principle of checks and balances.

For example, if a state legislature passes a law that purports to regulate business practices, but in reality, it is a thinly veiled attempt to discriminate against a particular religious group, the court may strike down the law as colourable legislation.

The doctrine of colourable legislation is an important principle in Indian constitutional law as it serves as a check on the power of the legislature and helps to ensure that laws are passed within the scope of the powers granted by the Constitution. The courts use this principle to keep a check on the legislative power and to ensure that laws are in line with the fundamental rights and the spirit of the Constitution.

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