Constitutional Law Final Synopsis
Constitutional Law Final Synopsis
Constitutional Law Final Synopsis
Submitted To:
Mr. Unni Ramchandran
Asst. Professor (Constitutional Law)
School of Law, NMIMS (Deemed to be University)
STATEMENT OF THE PROBLEM:
Pith means true nature or essence of something and Substance means the most important
or essential part of something. Doctrine of Pith and Substance says that where the question
arises of determining whether a particular law relates to a particular subject (mentioned in
one List or another), the court looks to the substance of the matter. Thus, if the substance falls
within Union List, then the incidental encroachment by the law on the State List does not make
it invalid. Hence, the doctrine has been applied in India to provide flexibility to the otherwise
rigid scheme of distribution of power between the Centre and the State.
OBJECTIVE:
To study the concept of Doctrine of Pith and Substance
To make an analysis of the landmark cases that dealt with the concept of pith and
substance.4
REVIEW OF LITERATURE
The following articles/books/online journals will be used to conduct the research
1. Manupatra
2. Lexis Nexus
3. Constitution of India, Student Edition by D.D.Basu
4. The Indian Constitution by P.M. Bakshi
5. Other online articles and journals
RESEARCH METHODOLOGY
The researcher, for this research paper will undertake secondary research analysis. The
methodology would be restricted to the historical and analytical research methods. Historical
method would include studying the already existing researches based on the research
questions along with case laws and precedents that have been laid down by the Supreme Court
or the High Court in various cases. Analytical method would include analyzing that present data
and forming opinions and conclusions.
RESEARCH QUESTION
What is the need of the Doctrine of Pith and Substance in the Indian Context?
HYPOTHESIS
The Doctrine of Pith and Substance is used when a law that comes into force is challenged on
the basis that one level of Government in a country (Center or State) has encroached upon the
right of the other Government to make or pass laws related to a particular subject matter.
REFERENCES