4 marks would be void if it is given

1)​ Doctrine of territorial nexus extra-territorial operation.

Introduction This doctrine was first applied in the
The Doctrine of Territorial Nexus states case of State of Bombay v. RMDC (1957).
that the laws made by a State
Legislature are not applicable outside What are the Salient Features of
the State, except when there is a Doctrine of Territorial Nexus?
sufficient nexus between the state and As per this doctrine, the State’s
the object. legislature may make laws for the entire
This doctrine derives its power from state or for any part of it.
Article 245 of the Constitution of India, The state legislature cannot adopt
1950 (COI). extraterritorial legislation unless there
What is Article 245 of the COI? is a significant connection or nexus
This Article deals with the extent of between the state and the [Link]
laws made by Parliament and by the doctrine governs the taxation of
Legislatures of States. non-residents in India.
It States that—
(1) Subject to the provisions of this When can the Doctrine of Territorial
Constitution, Parliament may make laws Nexus be Invoked?
for the whole or any part of the territory The Doctrine of Territorial nexus can be
of India, and the Legislature of a State invoked under the following
may make laws for the whole or any part circumstances:
of the State. Whether a particular State has
(2) No law made by Parliament shall be extra-territorial operation.
deemed to be invalid on the ground that If there is a territorial nexus between
it would have extra-territorial operation. the subject- matter of the Act and the
This Article is concerned exclusively state making the law.
with the territorial division of
law-making power of the Union and the What are the Landmark Case Laws of
States. Doctrine of Territorial Nexus?
The State Legislature cannot make extra In A.H. Wadia v. Income Tax
territorial laws, except when there is Commissioner (1948), the Bombay High
sufficient connection between the State Court held that a question of
and object. It means that the State laws extraterritoriality of enactment can
never be raised against a Supreme
Legislative Authority on the grounds of was later adopted by the Indian
questioning its validity. Supreme Court.
In State of Bombay v. RMDC (1952), the In India, the doctrine was first
Supreme Court held that there existed a applied in the landmark case of
sufficient Territorial Nexus to enable Golak Nath v. State of Punjab
the Bombay Legislature to tax the (1967). The Supreme Court
respondent as all the activities which derives its power to apply this
the competitor is ordinarily expected to doctrine from Article 142 of the
undertake took place mostly within Indian Constitution, which
Bombay. allows the Court to make any
order necessary for doing
2)​ Doctrine of prospective complete justice in any case
overruling before it.

Definition and Purpose: Key Principles for Application:

The doctrine of prospective It can be invoked only in
overruling is applied when a constitutional matters.
court overrules a well-established It can be applied only by the
precedent by declaring a new rule Supreme Court, as it has the
but limits its application to future constitutional authority to
situations. declare law binding on all courts
The primary objective is to avert in India.
injustice or hardships that might The scope of retroactive
arise from sudden changes in the operation is left to the court's
law. It allows for a smooth discretion, to be molded
transition by correcting legal according to the justice of the
errors without unduly disturbing cause or matter before it.
past transactions and It is used to validate past actions
relationships that were formed taken under the overruled law.
based on the previous legal The doctrine helps avoid
understanding. reopening settled issues and
prevents multiplicity of
Origin and Development: proceedings.
The doctrine originated in It provides time for affected
United States jurisprudence and entities and institutions to make
 appropriate adjustments to the to delve beyond the literal text of
new legal position. laws, uncovering their inherent
purpose or predominant focus.
What are Landmark Cases
Related to Doctrine of Article 246 the Constitution of
Prospective Overruling? India, 1950 (COI) delineates
Golak Nath v. State of Punjab legislative powers between the
(1967): Union and the States, as outlined
This case marked the first in the Seventh Schedule.
application of the doctrine in The Seventh Schedule COI
[Link] Supreme Court delineates the distribution of
overruled its earlier decisions and legislative powers between the
held that Parliament could not Centre and the States,
amend the Constitution to comprising three lists: Union List
abridge fundamental (List I), State List (List II), and
[Link], to avoid chaos, Concurrent List (List III).
the Court applied the new rule When a law falls within the
prospectively, allowing past purview of one of the three lists
constitutional amendments to mentioned in the Seventh
remain valid. Chief Justice K. Schedule, courts invoke the
Subba Rao described it as a Doctrine of Pith and Substance.
"pragmatic solution" to reconcile The Doctrine of "pith and
conflicting doctrines and enable substance" is invoked when there
smooth transitions in law. is a conflict or ambiguity
regarding legislative authority
3)​ Doctrine of pith and substance between the Union and State
The Doctrine of Pith and governments. It helps determine
Substance, a foundational legal the true nature and character of
principle in constitutional law, legislation, ensuring that each
serves as a guiding framework to level of government adheres to its
discern the true nature and designated area of jurisdiction
scope of legislation, especially without encroaching upon the
when it intersects multiple other's domain.
areas of jurisdiction within In such cases, courts scrutinize
federal systems. It enables courts the essence or predominant
 purpose of the law to determine Article 246 of the COI
its constitutional validity.
This Article deals with the
Prafulla v. Bank of Commerce subject-matter of laws made by
(1946): Parliament and by the
The SC held that the State law, Legislatures of States. It states
dealing with money lending (a that—(1) Notwithstanding
State subject), is not invalid, anything in clauses (2) and (3),
merely because it incidentally Parliament has exclusive power
affects promissory notes. to make laws with respect to any
of the matters enumerated in List
4)​ Doctrine of colorable legislation I in the Seventh Schedule (in this
Constitution referred to as the
This doctrine originated from the “Union List”).
Latin maxim “quando aliquid
prohibetur ex directo, (2) Notwithstanding anything in
prohibetur et per obliquum” clause (3), Parliament, and,
which means things that cannot subject to clause (1), the
be done directly should not be Legislature of any State also, have
done indirectly [Link] power to make laws with respect
doctrine of colourable legislation to any of the matters enumerated
was introduced in India by the in List III in the Seventh
British administration who Schedule (in this Constitution
adopted this doctrine from referred to as the “Concurrent
Canada and [Link] List”).
independence, the doctrine of
colourable legislation remained (3) Subject to clauses (1) and (2),
to be an integral part of the the Legislature of any State has
Constitution of India, 1950 exclusive power to make laws for
(COI).The judiciary further such State or any part thereof
developed the doctrine of with respect to any of the matters
colourable legislation through its enumerated in List II in the
judgements to regulate the Seventh Schedule (in this
legislative authority of the Constitution referred to as the
government bodies. “State List”).
 (4) Parliament has power to make In the Indian Constitution, the
laws with respect to any matter provisions governing
for any part of the territory of inter-governmental tax
India not included in a State immunities are outlined in a
notwithstanding that such matter limited scope, primarily within
is a matter enumerated in the Articles 285, 287, 288 and 289.
State List.
The need for the doctrine of
R.S Joshi v. Ajit Mills (1977): immunity of instrumentalities
arises from the fact that in a
The Supreme Court observed that federal system of government,
in the statute of force, the two tiers of government coexist
colourable exercise of or within the same geographical
extortion on administrative force boundaries and hold authority
or misrepresentation on the over the same population. Each of
constitution, are articulations these tiers, namely the Union and
which only imply that the State Governments, is
assembly is clumsy to authorize a responsible for carrying out
specific law, albeit the mark of various functions and possesses
competency is struck on it, and the power to levy taxes. As a
afterwards it is colourable result, their operations inevitably
enactment. intersect and overlap in several
areas.
5)​ Doctrine of immunity of
instrumentalities In such a dual government system
established by a federal
The doctrine of immunity of constitution, the smooth
instrumentalities grants functioning of both levels of
immunity from taxation to the government requires that the
properties, functions and property of one government is
instrumentalities of one level of immune from taxation by the
government when it operates other. This is especially crucial
within the jurisdiction of another because both the Union and State
level of government in a federal Governments possess
system. autonomous taxing powers and
some of these taxes may be constitutional framework of each
applied to governmental country.
properties.
6)​ Doctrine of Repugnancy
The underlying idea behind
doctrine of immunity of Introduction
instrumentalities is that granting
mutual immunity from taxation Repugnancy is an inconsistency
streamlines administrative or contradiction between two or
processes. It prevents the need more parts of a Statute.
for redundant efforts in assessing
The Doctrine of Repugnancy
and calculating taxes, as well as
deals with conflict between two
complex cross-accounting of
pieces of legislation which when
taxes between the two
applied to the same facts produce
governments. By exempting the
different results.
property of one government from
taxation by the other, it simplifies
What is the Doctrine of
the tax landscape and avoids
Repugnancy?
potential conflicts over tax
liabilities.
The concept of Doctrine of
Repugnancy is contained in
It’s worth noting that the
Article 254 of the Constitution of
application of this doctrine in
India, 1950 (COI).
India is narrower compared to
the concept of “Immunity of
Article 254 of the COI deals with
Instrumentalities” as established
the inconsistency between laws
in the United States. In India, the
made by Parliament and laws
doctrine primarily exempts
made by the Legislatures of
“property” from taxation,
States. It states that -
whereas in the United States, it
also extends to the functions and If any provision of a law made by
instrumentalities of the the Legislature of a State is
government. This distinction repugnant to any provision of a
reflects the specific legal and law made by Parliament which
Parliament is competent to enact,
or to any provision of an existing the law so made by the
law with respect to one of the Legislature of the [Link]
matters enumerated in the doctrine was included as a
Concurrent List, then, subject to mechanism to resolve this
the provisions of clause ( 2 ), the repugnancy between the powers
law made by Parliament, whether of the Parliament and State
passed before or after the law [Link] doctrine reflects
made by the Legislature of such the quasi-federal structure of the
State, or, as the case may be, the COI. It has clearly laid down the
existing law, shall prevail and the powers of the Parliament and
law made by the Legislature of State legislature to avoid
the State shall, to the extent of inconsistencies and conflicts.
the repugnancy, be void.
What are the Conditions for
Where a law made by the Doctrine of Repugnancy?
Legislature of a State with
respect to one of the matters The conditions which must be
enumerated in the Concurrent satisfied before any repugnancy
List contains any provision could arise are as follows:Clear
repugnant to the provisions of an and direct inconsistency between
earlier law made by Parliament or the Central Act and the State Act.
an existing law with respect to Inconsistency is absolutely
that matter, then, the law so made [Link] inconsistency
by the Legislature of such State between the provisions of the two
shall, if it has been reserved for Acts is of such nature as to bring
the consideration of the the two Acts into direct collision
President and has received his with each other and a situation is
assent, prevail in that State. reached where it is impossible to
obey the one without disobeying
Provided that nothing in this the other.
clause shall prevent Parliament
from enacting at any time any law What are the Landmark Case
with respect to the same matter Laws of Doctrine of
including a law adding to, Repugnancy?
amending, varying or repealing
M. Karunanidhi v. Union of India the Act it appears that by and
(1979):In this case, the Supreme large the law falls within the four
Court summarized the test of corners of the State List and
repugnancy and defined entrenchment, if any, is purely
repugnancy as:Where the incidental or
provisions of a Central Act and a [Link], however,
State Act in the Concurrent List a law made by the State
are fully inconsistent and are Legislature on a subject covered
absolutely irreconcilable, the by the Concurrent List is
Central Act will prevail, and the inconsistent with and repugnant
State Act will become void in to a previous law made by
view of the repugnancy. Parliament, then such a law can
be protected by obtaining the
Where however a law passed by assent of the President under
the State comes into collision Article 254(2) of the Constitution.
with a law passed by Parliament The result of obtaining the assent
on an Entry in the Concurrent of the President would be that so
List, the State Act shall prevail to far as the State Act is concerned,
the extent of the repugnancy and it will prevail in the State and
the provisions of the Central Act overrule the provisions of the
would become void provided the Central Act in their applicability
State Act has been passed in to the State only.
accordance with clause (2) of
Article 254. 7)​ Doctrine of occupied field

Where a law passed by the State The doctrine of occupied field

Legislature while being essentially refers to the principle
substantially within the scope of that if a subject or field has been
the entries in the State List occupied by the legislation of one
entrenches upon any of the level of government, i.e., either
Entries in the Central List, the the Union or a State, the other
constitutionality of the law may level of government cannot
be upheld by invoking the legislate on the same subject.
doctrine of pith and substance if This prevents legislative
on an analysis of the provisions of encroachment by the other level
and ensures that laws passed by this regard. Article 246 of the
one legislature are not interfered Constitution divides subjects into
with by another. The doctrine three lists: Union List, State List,
serves to maintain harmony and and Concurrent List.
certainty in the law-making
process, preventing confusion The Union List contains subjects
and potential conflicts. over which only Parliament has
exclusive legislative authority.
The doctrine primarily applies to The State List includes subjects
subjects listed under the over which only State
Concurrent List of the Seventh Legislatures can legislate. The
Schedule of the Indian Concurrent List lists subjects on
Constitution, where both the which both Parliament and State
Union and States are competent Legislatures can make laws.
to legislate. Once Parliament However, if any conflict arises
enacts a law on a subject in the between central and state laws on
Concurrent List, the States are the same subject, Article 254
restricted from passing laws that dictates that the central law will
are inconsistent with the central prevail.
law. In simple terms, if
Parliament has enacted Article 254 provides for the
comprehensive legislation on a resolution of conflicts between
subject, a State cannot legislate central and state laws on
on the the same matter if it Concurrent List subjects. If a
obstructs or is inconsistent with state law is inconsistent with a
the central law. central law, the central law
prevails, and the state law is void
Constitutional Provisions: to the extent of the inconsistency.
Articles 246 and 254 However, if the state law receives
Presidential assent, it may
The Indian Constitution override the central law in that
delineates the distribution of particular state.
legislative powers between the
Union and the States. Articles 246 The principle of the doctrine of
and 254 are the key provisions in occupied field stems directly
from these articles. It ensures state law becomes ineffective to
that once Parliament enacts a the extent it conflicts with the
comprehensive law on a subject, central law. This ensures that
the states are precluded from Parliament’s legislation has
legislating on that subject in a uniformity across the country and
manner that contradicts the is not undermined by state laws.
central law.
Landmark Cases on Doctrine of
Application of the Doctrine of Occupied Field
Occupied Field
The doctrine of occupied field
The doctrine of occupied field has been judicially interpreted in
comes into play when the various landmark cases. The
following conditions are met: following case laws highlight its
application and nuances:
Central Legislation on a
Concurrent List Subject: State of Kerala v. Mar Appraem
Parliament must enact a law Kuri Co. Ltd. (2012)
comprehensively covering a
subject in the Concurrent List. In this case, the Supreme Court
dealt with the Chit Funds Act,
Conflict with State Legislation: 1982, a central legislation
The State Legislature enacts a governing chit funds. The Kerala
law on the same subject, but the state government enacted a law
law is inconsistent with the regulating chit funds, but the
central law. court held that the central
legislation had already occupied
Occupation of the Field by the the field regarding chit funds.
Central Law: Once the central Consequently, any state
law occupies the field, the state legislation inconsistent with the
law becomes inoperative to the central act was deemed void
extent of the conflict. unless it had received
Presidential assent.
In such instances, the central law
is deemed to have occupied the
entire legislative field, and the
8)​ Doctrine of Pleasure holding military posts or civil
posts under the Centre/State)
Introduction The doctrine of hold office at the pleasure of the
pleasure been adopted from the President or the Governor as the
British legal system. It has been case may be.
modified to suit Indian context as
per prevailing social structure in What are the Restrictions on
India. the Doctrine of Pleasure?

What is the Doctrine of The COI lays down the following

Pleasure? The doctrine of restrictions on the exercise of this
Pleasure means that the Crown doctrine:
has the power to terminate the
services of a civil servant at any The pleasure of the President or
time they want without giving Governor is controlled by the
any notice of termination to the provisions of the Article 311 of
servant and thus a civil servant the COI, so the field covered by
holds office during the pleasure Article 311 is excluded from the
of the Crown. This doctrine is operation of this doctrine.
based on public policy.
The tenure of the Supreme Court
What are the Constitutional Judges, High Court Judges,
Provisions in Relation to Comptroller and Auditor General
Doctrine of Pleasure? of India, Chief Election
Commissioner are not dependent
As per Article 155 of the on the pleasure of the President
Constitution of India, 1950 (COI), or the Governor as the case may
the Governor of a State is be. These posts are excluded from
appointed by the President and the operation of the doctrine of
holds the office during the pleasure. This doctrine is subject
pleasure of the President. to Fundamental Rights.

Article 310 of the COI states that Article 311 of the COI provides
the civil servants (members of the the following safeguards to civil
Defence Services, Civil Services, servants against any arbitrary
All-India Services or persons dismissal from their posts:
 It imposes restrictions on the throughout India by ensuring
removal of a civil servant. that documents and judgments
valid in one part of the Union are
It provides for civil servants accepted and enforced in all
being given a reasonable others. This Article plays a
opportunity for a hearing on the crucial role in upholding the
charges against them. unity of India’s judicial and
administrative systems, reflecting
What are the Landmark Case the principle of legal federalism
Laws of Doctrine of Pleasure? within a single constitutional
framework.
State of Bihar v. Abdul Majid
(1954): The Supreme Court held
Background and Constitutional
that in relation to the Doctrine of
Context
Pleasure, the English Common
The concept embodied in Article
Law has not been adopted in its
261 is derived from the Full Faith
entirety and with all its rigorous
and Credit Clause of the United
implications.
States Constitution, which
requires states within the U.S. to
Union of India v. Tulsiram Patel
recognise the public acts, records,
(1985): The Supreme Court held
and judicial proceedings of other
that the doctrine of pleasure was
states. The framers of the Indian
neither a relic of the feudal age
Constitution adopted a similar
nor was it based on any special
provision to promote national
prerogative of the British Crown
integration and legal cohesion
but was based upon public policy.
across the Indian Union.
In a federal polity like India,
9)​ Full faith and credit clause
where multiple States coexist
Article 261 of the Constitution of under a single constitutional
India provides a foundational rule authority, uniform recognition of
for the mutual recognition of judicial and administrative acts is
public acts, official records, and essential to avoid conflicting
judicial proceedings across the decisions and redundant legal
country. It establishes legal processes. Article 261 ensures
uniformity and continuity that the acts and judgments of
one State are not rendered Delhi without requiring separate
ineffective merely because they litigation.
originate outside another State’s Clause (2): Power of Parliament to
jurisdiction. Clause (1): Regulate Proof and Recognition
Recognition of Public Acts, Clause (2) empowers Parliament
Records, and Judicial Proceedings to make laws determining the
Clause (1) of Article 261 declares manner in which public acts,
that “full faith and credit shall be records, and judicial proceedings
given throughout the territory of are to be proved and the
India to public acts, records, and conditions under which they are
judicial proceedings of the Union to be recognised.
and of every State.” This legislative authority allows
This clause mandates nationwide Parliament to define procedural
recognition of: standards for:
Public Acts: Legislative Authenticating public documents
measures, official notifications, originating from other States or
or executive orders issued by the Union authorities;
Union or State Governments. Verifying the validity of official
Public Records: Official records and court judgments; and
documents such as land deeds, Establishing uniform evidentiary
birth and death certificates, and rules applicable throughout
government registers. India.
Judicial Proceedings: Court In practice, the Indian Evidence
judgments, decrees, and orders Act, 1872, particularly Sections 74
issued by civil or judicial to 78, provides the procedural
authorities. framework for proving and
The clause ensures that once a recognising public documents
legal act or decision has been and judicial records. It prescribes
validly executed in one State, it how such documents may be
cannot be challenged merely on certified, authenticated, and
territorial grounds elsewhere in accepted as evidence in judicial
India. For example, a divorce or administrative proceedings.
decree granted by a competent Clause (3): Execution of Civil
court in Tamil Nadu is valid and Judgments Across India
enforceable in Maharashtra or
Clause (3) states that final preventing fragmentation of legal
judgments or orders delivered by authority. Simplifies Legal
civil courts in any part of India Processes: Individuals and
shall be capable of execution institutions are not required to
throughout the territory of India revalidate or re-litigate matters in
according to law. This provision multiple jurisdictions. Facilitates
ensures that a civil court decree Administrative Cooperation:
or order passed in one State can Official documents such as
be executed in another State marriage certificates, property
without the need for fresh deeds, and government orders
proceedings. For example, if a retain validity nationwide.
civil court in Delhi issues a Ensures Judicial Efficiency: Civil
decree directing payment of judgments can be executed across
money, the decree-holder can State boundaries without
enforce it in Maharashtra or any procedural delays, reducing the
other State where the burden on courts.
judgment-debtor has assets. Case law K.K. Verma v. Union of
The procedure for inter-State India (1954): The Supreme Court
execution of civil decrees is recognised the importance of
governed by Sections 38 to 46 of executing civil decrees across
the Code of Civil Procedure, 1908 State boundaries and reinforced
(CPC). A decree passed by one that judgments validly passed by
court can be transferred to one competent court must be
another court in a different State respected throughout India.
for execution, ensuring efficiency S.R. Tewari v. District Board,
and eliminating jurisdictional Agra (1964): The Court examined
barriers. Legal and the nature of public acts and
Administrative Significance records, holding that
Article 261 has far-reaching administrative and legislative
implications for the functioning acts of one State are entitled to
of India’s legal and administrative recognition in all others under
systems: Promotes Legal Unity: It Article 261(1). State of West
ensures that public acts and Bengal v. Union of India (1963):
judicial decisions are universally Although not directly on Article
respected across States, 261, this case discussed the
constitutional principle of Limitations:
intergovernmental respect and Article 293's authority to regulate
cooperation that underlies the state borrowing is linked to states
Article. owing money to the Union
10) Borrowing power government. This creates a
What are the Provisions and potential constitutional gap if
Limitations of Article 293 of the states clear their Union debts, as
Indian Constitution? the article lacks provisions for
Provisions: regulating state borrowing
State Borrowing Power: States without outstanding loans.
can borrow within India upon the This could enable economically
security of their Consolidated stronger states clearing Union
Fund of State, within limits set by debts and then borrowing
the state legislature. without Union oversight.
The Union government may give Also, states are increasingly using
guarantees for state loans within Public Sector Undertakings
limits set by Parliament. (PSUs) to bypass Article 293
Consent Requirement: If a state restrictions. For instance, Kerala
owes any outstanding loan to the in the recent case argues that
Union or guaranteed by the PSU debts should not count in
Union, it must obtain the Union state debt calculations.
government's consent before As states increasingly borrow
raising any [Link] Union can from other sources, there's a
impose conditions on such possibility that some may soon
[Link] is not required owe nothing to the Centre,
for temporary overdrafts or other potentially rendering Article 293
such arrangements with the irrelevant.
Reserve Bank of India. This trend was first identified by
Continuation of Previous Loans: the 14th Finance Commission.
Loans raised by a state which This loophole allows states to
were outstanding at the exceed borrowing limits,
commencement of the obscures true state indebtedness,
Constitution remain in force and complicates fiscal
under the same terms and transparency and accountability,
conditions. posing hidden financial risks.