Multiple choice

What does the doctrine of 'Pith and Substance' that guides the operation of judicial review in India imply?

  1. Distinguishing good and bad parts of an impugned law

  2. Examining whether the law making authority has acted within its jurisdiction or not

  3. Determining the extent of damage done by the law

  4. Establishing credentials of the petitioner
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B Correct answer
Explanation

The Doctrine of Pith and Substance is used by the judiciary to determine whether a legislature has overstepped its constitutional jurisdiction. It looks at the 'true nature and character' of a law to decide which list in the Seventh Schedule it belongs to, even if it incidentally touches upon a subject in another list.

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