Advocatetanmoy Law Library

Legal Database

Title 1. General Provisions
Title 2. The Congress
Title 3. The President
Title 4. Flag and Seal, Seat of Government, and the States
Title 5. Government Organization and Employees
Title 6. Domestic Security
Title 7. Agriculture
Title 8. Aliens and Nationality
Title 9. Arbitration
Title 10. Armed Forces
Title 11. Bankruptcy
Title 12. Banks and Banking
Title 13. Census
Title 14. Coast Guard
Title 15. Commerce and Trade
Title 16. Conservation
Title 17. Copyrights
Title 18. Crimes and Criminal Procedure
Title 19. Customs Duties
Title 20. Education
Title 21. Food and Drugs
Title 22. Foreign Relations and Intercourse
Title 23. Highways
Title 24. Hospitals and Asylums
Title 25. Indians
Title 26. Internal Revenue Code
Title 27. Intoxicating Liquors
Title 28. Judiciary and Judicial Procedure
Title 29. Labor
Title 30. Mineral Lands and Mining
Title 31. Money and Finance
Title 32. National Guard
Title 33. Navigation and Navigable Waters
Title 35. Patents
Title 36. Patriotic and National Observances, Ceremonies, and Organizations
Title 37. Pay and Allowances of the Uniformed Services
Title 38. Veterans' Benefits
Title 39. Postal Service
Title 40. Public Buildings, Property, and Works
Title 41. Public Contracts
Title 42. The Public Health and Welfare
Title 43. Public Lands
Title 44. Public Printing and Documents
Title 45. Railroads
Title 46. Shipping
Title 47. Telecommunications
Title 48. Territories and Insular Possessions
Title 49. Transportation
Title 50. War and National Defense
Title 51. National and Commercial Space Programs
Title 52. Voting and Elections
Title 54. National Park Service and Related Programs

Judicial Dictionary

Pith and substance-Application of doctrine

1 min read

Pith and substance—Application of doctrine

While ascertaining the validity of Statute the doctrine of pith and substance should be applied—Merely because a Statute incidentally trenches upon the matter outside the authorised field, it is not rendered invalid.

Where there is a seeming conflict between an entry in List II and an entry in List I, an attempt should be made to see whether the two entries cannot be reconciled so as to avoid a conflict of jurisdiction.

The validity of an Act is not affected if it incidentally trenches on matters outside the authorised field, and therefore it is necessary to inquire in each case what is the pith and substance of the Act impugned. If the Act, when so viewed, substantially falls within the powers expressly conferred upon the Legislature which enacted it, then it cannot be held to be invalid, merely because it incidentally encroaches on matters which have been assigned to another legislature.

If, on the view of the statute as a whole, you find that the substance of the legislation is within the express powers, then it is not invalidated if incidentally it affects matters which are outside the authorised field.

Ref: AIR 1951 SC 318 : (1951) SCR 682 : (1951) CriLJ SC 1361

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