Doctrine of Colourable Legislation

Abstract

If the constitution of a State distributes the constitutional realms specified by unique statutory entries or whether there are limitations on the legislative power in the sense of fundamental rights, questions arise as to whether the legislature does not have the subject-matter of the law or the activation mechanism in a particular situation. If the government is properly competent to enact a particular statute, so it is useless to do whatever reason impels it to act. Colourful law, i.e. implicitly doing something that cannot be achieved specifically. It is necessary to assume that the judiciary (usually affiliated with the state legislature) does not have the authority to make laws on a specific aspect, but makes it tacit. The principle of colourable laws states, "Whatever the government is unable to do directly, it cannot do indirectly." By following this theory, the fate of the disputed statute is decided. This was provided for in Article 246, which demarcated the constitutional power of parliamentary and state assemblies by defining the different subjects in Schedule I for the Union, Schedule II for the State, and Schedule III for both, as provided for in the seventh schedule of the Constitution of India.