Doctrine of Colourable Legislation

Doctrine of Colourable Legislation:- With regard to this, if the Constitution of India provided the separation and distribution of Legislative power or jurisdiction among the Union and States and also the necessary limitations determines as fundamental rights on these. Now the question is arisen that whether the legislature violated or contravened the constitutional limitations by using its power or acted ultra-virus? Now such violation or contravention may be direct or indirect. Sometimes although it happens that the legislature functions within its power or jurisdiction, making laws but it appears so only but the legislature violates or contravenes the constitutional limitations in reality & substantially such indirect legislations is called the Colourable legislation. In these cases, the substance of the act is important not the external form. If the subject matter of any act is substantially beyond the power or jurisdiction of the legislature and violates or contravenes the constitutional limitations, in consequences of the same, the act shall be declared invalid or unconstitutional as the case may be. R.A. Joshi v. Ajit Mills Limited in this case hon’ble Justice Krishna Iyer provided the definition of Colourability. The related case laws: - K.C.G. Narayan Dev v. State of Orrisa & Kameshwar Singh v. State of Bihar.