Doctrine of Colourable Legislation vs Colourable Exercise of Power
constitutional ap_lawcet intermediate analogy_postImagine you're at a Delhi street food stall, and the vendor gives you a free dosa with chutney. You think, "Wow, what a great gesture!" But then, they say, "You see, there's a government scheme where we have to give free dosas to students between 12 pm and 1 pm." In this case, the vendor is trying to justify their gesture by citing a colourable legislation (a fake or non-existent government scheme). But if you ask them to show the government's notification, they'll say, "Oh, it's a colourable exercise of power, it's under the head 'Goodwill Gesture'." Here, the vendor is trying to cover up their own action by misusing administrative power.
2 Comments
Bhai, doctrine of colourable legislation aur colourable exercise of power mein ek bahut hi jatil paribhasha hai, lekin isse samjhne ka ye raston kaam aata hai - koi bhi adhiniyam ya nirnaya jo aadharit na ho, lekin jiski prakriti ya disha kanooni ho, yeh rastein colourable hai.
Mera view hai ki Doctrine of Colourable Legislation aur Colourable Exercise of Power dono hi concept kuch hi alag hai. Colourable Legislation wala case jab kuchh na-kayam ho jaata hai, phir bhi Parliament ki power ka use kiya jaata hai. Jabki Colourable Exercise of Power koi na-kayam rule lagane ki koshish karta hai, lekin woh Power wale ka authority hota hai.