Table of Contents
What Cannot be done directly Cannot be done indirectly This statement epitomizes the doctrine of?
this Statement Epitomizes the Doctrine of – Legal Reasoning.
What is colourable legislation & when it can be applied?
Legislation is termed as colourable when a legislature, having insufficient or absolutely no authority or legislative capability, enacts legislation that is so disguising that it misleadingly seems to drop within its legislative capability.
What Cannot be done directly Cannot also be done indirectly with the help of this maxim explain the related doctrine of legislation?
The doctrine of colourable legislation is based on the maxim that “what cannot be done directly cannot also be done indirectly”. The doctrine becomes applicable when a legislature seeks to do something in an indirect manner when it cannot do it directly.
What you Cannot do directly you can’t do indirectly?
The whole doctrine of colourable legislation is based upon the maxim that you cannot do indirectly what you cannot do directly. If a legislature is competent to do a thing directly, then the mere fact that it attempted to do it in an indirect or disguised manner, cannot make the Act invalid.
Which principle is based upon the doctrine that you Cannot do indirectly what you Cannot do directly?
This doctrine is based upon the Latin maxim “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”, which means “you cannot do indirectly what you cannot do directly”, and based on the doctrine of separation of powers.
What Cannot be done directly Cannot be done indirectly the doctrine relates to Mcq?
The doctrine of Colourable Legislation It is based on the maxim that “what cannot be done directly, cannot also be done indirectly”. The Court has laid down certain tests for discovering whether any particular Act constitutes colourable legislation.
What is the disadvantage of delegated legislation?
Disadvantages of Delegated Legislation Authorities may follow the dictatorial principle. Increase in corruption and misuse of powers. Lack of legal knowledge among common people may trigger unavoidable situations. Slowly, the executive will start encroaching upon the legislature if delegation is obscure.
What Cannot be done directly Cannot be done indirectly judgment?
This doctrine is based upon the Latin maxim “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”, which means “you cannot do indirectly what you cannot do directly”, and based on the doctrine of separation of powers. This doctrine is also called as “fraud on the Constitution”.
When the valid and invalid parts of a legislation can be safely separated this proposition in constitutional construction?
Doctrine of Severability This doctrine has been thus summarized by the Supreme Court in the following manner: If the valid and invalid provisions cannot be separated from one another then the entire act becomes invalid.
What are the limitations of colourable legislation?
Limitations of Colourable legislation Not applicable to subordinate legislation. It is only based on the question of the competency of the particular legislature to enact a particular law by the legislature. Not concerned if the law is relevant or irrelevant.
What Cannot be done directly Cannot be done indirectly this doctrine pertains to?
In which case the doctrine of harmonious construction was not applied?
In the land mark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid down five principles of rule of harmonious construction: the courts must avoid a head-on clash of seemingly contradicting provisions and they must construe the contradictory provisions.