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    Question

    As per the Constitution of India what is the essence of

    the Doctrine of Colourable Legislation?
    A It allows the legislature to directly achieve any goal, regardless of constitutional constraints Correct Answer Incorrect Answer
    B It implies that when a legislature cannot achieve something directly within constitutional limits, it cannot achieve it indirectly either Correct Answer Incorrect Answer
    C It suggests that the legislature can use any means, direct or indirect, to achieve its goals Correct Answer Incorrect Answer
    D It allows the legislature to color laws with substitute purposes without any restrictions Correct Answer Incorrect Answer

    Solution

    It implies that when a legislature cannot achieve something directly within constitutional limits, it cannot achieve it indirectly either, Explanation: The Doctrine of Colourable Legislation is founded on the Latin maxim тАЬQuando aliquid prohibetur ex directo, prohibetur et per obliquumтАЭ which states that whatever┬а is unable to be done directly, cannot also be done indirectly. The doctrine of colourability is the idea that when a legislature wants to do something that it cannot do within the constraints of the Constitution, it colours the law with a substitute purpose, allowing it to accomplish its original goal. The scope of the doctrine is well-explained by the Supreme Court in the matter of K.C Gajapati Narayan Deo vs. State of Orissa 1953.

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