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Showing posts from October 28, 2011

Q. What do you understand by the ‘Doctrine of Pith and Substance’?

Ans. The Constitution has made elaborate provisions to separate the jurisdiction of the Union and the State Legislatures. Thus the 7th Schedule of the Constitution provides three Lists—the Union List the State List and the Concurrent List to specify as to what is the limit of Legislative scope of the Union and the States. It is also expected that both, the Centre and the States, shall respect each others Legislative domain while enacting laws. However, a dispute may arise with respect to a law whether the concerned law comes within the authority of the Legislature which enacted it, or not? In such a controversial situation, the courts apply the doctrine of pith and substance which denotes that the actual nature and purpose of the law shall be investigated. It should be determined whether the substance of the concerned law is really related to the matter or not, in which the concerned legislature has power to enact law. Thus, if, in substance, a law is related to a matter on which the …

Q. What is Contingency Fund and what is its purpose?

Ans. According to the provisions of Article 267(1), Parliament may by law establish a Contingency Fund of India in the nature of an imprest. Such sums of money shall be deposited into this fund as may be determined by law made by Parliament. The Contingency Fund of India shall be placed at the disposal of the President who shall make advances out of this fund to meet unforeseen expenditure pending authorization by Parliament. The money withdrawn out of Contingency Fund is paid back to it as and when Parliament authorizes such unforeseen expenditure. The basic purpose behind this fund is to meet some immediate and urgent expenditure which can not be authorised immediately by Parliament.

Similarly, under the provisions of Article 267(2) the Legislature of a State by law may establish a Contingency Fund of the State in the nature of an imprest. Such sums of money shall be paid into this fund as is determined by the law made by the State Legislature. This fund shall be placed at the dispos…