What is Doctrine of Colourable Legislation?
The Doctrine of Colourable Legislation refers to the practice where a legislature tries to enact a law under a power it doesn’t possess, disguising it as falling within its authority. Courts examine the substance, not just the form, of the law to determine if it’s a veiled attempt to encroach upon powers reserved for another authority. If the court finds that the law is essentially an attempt to exceed constitutional limits, it’s deemed “colourable” and struck down. This doctrine ensures that legislative bodies operate within their designated spheres of authority, preventing abuses of power and maintaining the constitutional balance.