Vedant Vengsarkar, B.B.A. L.L.B. (Hons.), Kirit P.Mehta School of Law
ABSTRACT
The idea of separation of powers fundamentally draws lines between the legislative, executive, and judicial branches of government. The primary responsibility of the legislative branch is to enact laws, although there are some restrictions on this power, which forms the cornerstone of the doctrine of "colourable legislation." When the legislature passes a piece of law, the concept helps the courts assess the legislature's legislative competence. In this paper, the author will define the concept, trace its growth in Indian law, and assess its limits and scope of applicability. In particular, this paper will investigate this theory with the aid of case laws and assess how it affects the overriding of cases. This paper also aims to determine whether farm laws that are currently in effect are parts of colourable legislation or composite legislation and would like to demonstrate how this doctrine is a hindrance to the legislative authority because it does not determine whether the law is bona fide or not, only the legislative competency, which makes this a weak point for this doctrine and diminishes its credibility. This theory also restricts the legislative bodies, which is a good thing, but it also deprives them of performing any ultra vires actions, even if they are regarded vital and significant.
Keywords: jurisprudence, composite, legislative body, ultra vires
