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1. INTRODUCTION
1.1 Introduction: The rule of the doctrine envisages that the legislation as a whole be examined to ascertain its ‘true nature and character’ of the legislation. Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. Within their respective spheres, the Union and the State legislatures are made supreme and they should not encroach into the sphere reserved to the other. If a law passed by one encroaches upon the field assigned to the other the Court will apply the doctrine of pith and substance to determine whether the legislature concerned was competent to make it. If the ‘pith and substance’ of law, i.e. the true object of the legislation or a statute, relates to a matter with the matter competence of legislature which enacted it, it should be held to be intra vires even though it might indecently trench on the matters not within the competence of Legislature. In order to ascertain the true character of the legislation one must have regard to the enactment as a whole, to its object and to the scope and the effect of its provisions. The first step in a pith and substance has been described in numerous ways. It determines the substance, essential character, dominant feature, or true meaning of the law. This involves examining both the intended purpose of the law as well as the legal effect of the law on rights and obligation upon the public 1. The purpose can be found through the wording of the law, the mischief that the law was intending to address as well as the overall social context for the law's introduction. Examination of the actual effect is useful in determining if the law was "colourable" that is, whether the law, in substance, addresses a matter completely different from what the law addresses in form. To ascertain the true character of the legislation in question, one must have regard to it as a whole, to its objects and to its scope and effect of its provisions. If according to its true nature and character, the legislation substantially relates to a topic assigned to the Legislature which has enacted it, then it is not invalid merely because it incidentally
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Reference re Firearms Act (2000)

623. the courts will declare it intra vires. Reciprocal Insurers. The fact of incidental encroachment does not affect the vires of the law even as regard the area of encroachment. COMPARATIVE CONSTITUTION. In so doing. two aspects of the law must be examined: the purpose of the enacting body and the legal effect of the law3.). The Queen (1883) where the court stated that "subjects which in one aspect and for one purpose fall within s. it will be held to be invalid owing to this violation of the division of powers. 1. 337 . To assess the purpose.D. under the Government of India Act. To determine the pith and substance. the courts may take into account the effects of the legislation. [1924] A. Firearms Reference. Equally. 16 4 Attorney-General for Ontario v. at p. If the pith and substance of the impugned legislation can be related to a matter that falls within the jurisdiction of the legislature that enacted it. The principle of “pith and substance” had come to be established by the Privy Council. such as the legislation’s preamble or purpose clauses. such as minutes of parliamentary debates. the doctrine removes the need for courts to split hairs to determine which head of power should be assigned a particular law. at para. they must nevertheless seek to ascertain the true purpose of the legislation.2 trenches or encroaches on matters assigned to another Legislature. as opposed to its mere stated or apparent purpose4. Basu. In effect. may in another aspect and for another purpose fall within s. the doctrine of pith and substance came to be adopted in the pre-independence period. If. In applying the doctrine.92. P. 328 (P. it should be in situations where the importance of one matter should not be significantly larger than the other. To put it differently. the courts may consider both intrinsic evidence. incidental encroachment is not altogether forbidden2. The classical example is the Privy Council decision 2 3 D. In India.C.91".C. 1935. and extrinsic evidence. the legislation can more properly be said to relate to a matter that is outside the jurisdiction of that legislature. however.2 Origin: The doctrine originates from the Privy Council decision of Hodge v. when it determined appeals from Canada or Australia involving the question of legislative competence of the federation or the States in those countries.

Especially the states having federal character found it essential to apply the doctrine in the working as the doctrine provides remedy for disputes arising between union and state. 1. dealing with money lending (a State subject). regard is to be had (i) to the enactment as a whole. It was also used in Northern Ireland under the Government Ireland Act 1920. The doctrine is sometimes expressed in terms of ascertaining the “nature and true character of legislation”. and it is also emphasized.4 Research Scheme: 5 AIR 1946 PC 60 . Though it originated from Canadian laws. Therefore other than Canada . The substance of the doctrine has been cast in legislative form in the Scotland Act 1998 for the purpose of devolution to Scotland. (ii) to its main objects. for applying the “pith and substance” doctrine. merely because it incidentally affects promissory notes (See now Union List. Again. gradually it has been inculcated in many other constitutional systems. entry 46). and (iii) to the scope and effect of its provisions.3 Scope: The Pith and Substance doctrine as applied in the jurisprudence of the Judicial Committee of the Privy Council. 1. is not invalid. effectively the British Imperial Court of Appeal. has been carried to other Commonwealth federations.3 in Prafulla Vs. Bank of Commerce5.it is used in India under the present Constitution. The doctrine is widely accepted today. holding that a State law. is immaterial. that the name given by the Legislature (to the legislation) in the short title.

5 Research Methodology: The research methodology adopted for the completion of this project is the doctrinal approach. 1. Various books.4 For the completion of this project various books. The fifth and the last chapter deal the conclusion of the project. In chapter three the doctrine under Indian constitutional law with relevant cases has been discussed. articles and websites have been consulted. . In chapter two. doctrine of pith and substance under Canadian constitutional law with relevant case laws has been discussed. Chapter one deals with the introduction. case laws and websites have been consulted. Efforts have been made to include all possible information relating to doctrine of pith and substance in Canada and India. Chapter four deals the comparison between Canadian and Indian Constitutional laws with respect to doctrine of pith and substance. articles. case laws. Efforts have been made to make this project report of as much use as possible. For this purpose the project report has been divided into five chapters.

If the pith and substance of the law was substantially within the government's jurisdiction. many important cases bypassed the Supreme Court altogether and went directly to the JCPC. Once the JCPC had figured out the legislation's "pith and substance.1." it would decide which one of the listed powers mentioned in s. civil rights in Canada means the ability of a person to . Provisions in Canadian Constitution The JCPC developed a doctrine called "pith and substance".5 2. 91 or 92 of the BNA Act most closely corresponded with that "pith and substance". DOCTRINE OF PITH AND SUBSTANCE AND CANADIAN CONSTITUTIONAL LAWS Canada is the first country in which doctrine of pith and substance got evolved. Supremacy of Privy Council over Canadian Constitution is manly responsible to bring into picture the doctrine of pith and substance. This meant that. This doctrine greatly increased the importance of the listed powers in s. The Judicial Committee of the Privy Council (JCPC) is a court run by the House of Lords in London. It could overrule the Supreme Court of Canada. 91 and 92. where "civil rights" is synonymous with "human rights". 92(13). 2. Unlike in the United States. to see if the government had jurisdiction. The power that the JCPC found most often corresponded to the "pith and substance" of contested legislation was s. It was the highest court in Canada from 1867 to 1949. and heard Canada's important division of powers cases from that era. consequently decreasing the importance of the POGG clause. "Civil Rights" is a term of art in Canadian law. then any incidental effects the law had on another government's jurisdiction were permissible. the provincial jurisdiction over "Property and Civil Rights". the JCPC would examine the "pith and substance" of the legislation. The court would try to figure out what the law was "really about". whenever a government's legislation was challenged for being outside its jurisdiction.

one can think of them as the rights one attains upon adulthood. and use property. (b) The practical importance of the Concurrent list. Doctrine of Double Aspect is supplementary to that of doctrine of pith and substance. Therefore today it is much developed principle in distribution of power and can be validly applied by courts through matters before it to various legislatures. . Therefore we can see that the doctrine of pith and substance in Canadian law is mainly deals through Section 91 and 92 of the BNA Act. because (i) it represents the vesting of power in two parallel legislatures. to buy. The doctrine of Double Aspect says that a law may possess more than one "matter" that may be enumerated in both section 91 and 92. The doctrine is basically useful in harmonizing the functioning of the state machinery. The JCPC found that the pith and substance of most disputed laws related to property and civil rights. It may be a case that they are overlapping incidentally and are unavoidable to achieve objective of law and order. sell. (when adopted in any federation) lies in the fact. and to sue and be sued. Importance of the doctrine: The doctrine has both theoretical and practical importance as follows: (a) Theoretically.6 make contracts (including marriage contracts). Therefore it is sensible to discuss here. the provisions of the doctrine in Canadian Constitution. that the vesting of the same type of power in two parallel agencies carries. operating at the same time and (ii) also because such a scheme is to be found in most federations of the world. Further it has been expanded and interpreted through judicial decisions given by Privy Council and other forums in Canada. Considering this situation Privy Council has inculcated the doctrine and provided great remedy as dispute resolution for conflict between two pieces of legislature. to have parental authority. the subject carries an appeal. It is not necessary that if two pieces of legislature overlaps each other then they are so with malafide intention. though the details vary.

and Good Government of Canada. the JCPC struck down the federal Industrial Disputes Investigation Act.R. In Toronto Electric Commissioners v. . Rather. put it in Saumur v.7 within it.C. . some of the case laws with the principles are as given bellow: The Judicial Committee of Privy Council found that the pith and substance of most disputed laws related to property and civil rights. [Emphasis in original] If the pith and substance of the impugned legislation can be related to a matter that falls within the jurisdiction of the legislature that enacted it. Judicial interpretation through various case laws: As it has been already discussed that in Canada the doctrine was developed further through various judicial interpretations. the legislation can more properly be said to relate to a matter that 6 [1953] 2 S. This initial analysis consists of an inquiry into the true nature of the law in question for the purpose of identifying the “matter” to which it essentially relates. a provincial jurisdiction. since labour disputes are contract disputes. such a law is in pith and substance about Civil Rights. at p. 299. It was a law giving the federal government certain authority over certain labour disputes. Snider (1925). If. a mechanism for resolving such conflict. As Rand J. that the Constitution (of the country concerned) should provide. The JCPC rejected the federal government's argument that such a law was for the Peace. to attribute an enactment to a matter in relation to which the legislature acting has been empowered to make laws.2. holding that the POGG power really just gave the federal government the power to act during emergencies. the courts will declare it intra vires. however. . That principle inheres in the nature of federalism. the seeds of a possible conflict. City of Quebec6: the courts must be able from its language and its relevant circumstances. 2. 333 . Order. This implies. in advance. Therefore. the federal law was struck down as unconstitutional.

117 (1887). 92(8)). This federal power oddly comes from 7 8 [1939] A.C. the Privy Council held a provincial statute levying a tax on banks to be invalid on the basis that its effects on banks were so great that its true purpose could not be (as the province argued) the raising of money by levying a tax (in which case it would have been intra vires). the Queen (1965). never the provincial government's jurisdiction) had "Inter-Jurisdictional Immunity. and in contrast to the Alberta Banks case already mentioned. Cas. Since municipalities get their authority to make by-laws from provincial legislation (BNA Act s. This was because federal election postering has Inter-Jurisdictional Immunity from provincial government legislation." Provincial government legislation could have no effect on these jurisdictions. the Privy Council upheld the validity of legislation levying a tax on banks. and its essential purpose was therefore in relation to direct taxation. In McKay v. not banks or banking. The other cases were the Supreme Court has recognized Inter-Jurisdictional Immunity is in Federal Works and Undertakings. by way of further example. the Supreme Court of Canada has ruled that the federal government's jurisdiction (up until now. Lambe8. Attorney-General for Canada7 (“Alberta Banks”). not even incidentally. 575 . it will be held to be invalid owing to this violation of the division of powers. There are two cases where this has happened.8 is outside the jurisdiction of that legislature. In a few rare instances. and thus invalid). the Supreme Court of Canada held that municipal by-laws could not be enforced to prevent the posters of federal political parties from being put up during election periods. but was rather the regulation of banking (which rendered it ultra vires. such by-laws had no effect on federal election posters. In Attorney-General for Alberta v. This did not mean that the municipal by-law was rendered invalid. In Bank of Toronto v. it maintained its effect on every type of postering except federal election posters. 12 App. The first is federal election postering. holding that the pith and substance of the legislation was indeed to generate revenue for the province.

Consequently. the Supreme Court ruled that occupational health and safety directly affected the vital management decisions of Bell Canada. in which doctrine of pith and substance was mainly invoked. If the purpose of the provincial law is to regulate a federal work/undertaking. then interjurisdictional immunity applies.R. if the province passes a law which.)9. 9 [1988] 1 S. and therefore the law had no effect on the company. If the provincial law has an indirect effect which impairs the operation of the federal work/undertaking. Worker health and safety is a provincial jurisdiction ("Civil rights"). Quebec (C. If the provincial law directly affects a vital part of the federal work/undertaking. 2.C. In Bell Canada v.S. then it is unconstitutional. The doctrine was suitably applied by judiciary in different circumstances. These are the highlighting case laws in Canada. On the facts of the case. One of these exceptions is "telegraphs".92 (10) (a).T. Therefore the doctrine was gradually evolved through judicial interpretation.9 BNA Act s.S. The Supreme Court laid out the following test: 1. then interjurisdictional immunity applies (the law has no effect on the federal work/undertaking). in pith and substance. 749 . regulates worker health and safety. The provincial government has jurisdiction over "works and undertakings" except the ones listed. the major telephone companies are all under the jurisdiction of the federal government. 3. So.

decide whether it has legislative competence with reference to the subject matter of the law. Distribution of legislative power is only one branch of the subject. For this purpose. that is to say: (a) the Union List or the Concurrent list (for the draftsman in the Union) or (b) the State List (for the draftsman in the State). the test of “pith and substance” is usually applied. DOCTRINE OF PITH AND SUBSTANCE IN INDIA The doctrine covers important aspect of Indian federalism. Thus. and in no other List. the topic of concurrent legislative power is only a sub-branch (so to say).10 3. namely. as distributed between the federal union and its units. then the incidental encroachment by the law on the State List does not make it invalid. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. It is obvious. and not to trespass into the domain reserved to the other. the draftsman will necessarily have to examine whether the subject matter falls within the relevant list. This is a doctrine which has come to be accepted in India and derives its genesis from the approach adopted by the courts (including the Privy Council). and in that branch. the court looks to the substance of the matter. embracing legislative. is this: Where the question arises of determining whether a particular law relates to a particular subject (mentioned in one List or another). Similarly if it falls within List III also. Parliament or a state legislature should keep within the domain assigned to it. if the substance falls within Union List. then the power belongs to the centre. But if it also falls in List I as well. what the doctrine means. then the power to legislate exclusively vests in the state legislature. in the first place. executive and judicial powers. that where either the Union or the State legislature proposes to enact a law. then it is deemed . For this purpose. the concurrent powers of legislation under the Constitution. The subject of federalism in any country covers a vast area. In no field of constitutional law is the comparative approach more useful. Briefly stated. If a subject is exclusively in List II. than in regard to the doctrine of “pith and substance”. A law made by one which trace passes or encroaches upon the field assigned to the other is invalid. it must. in dealing with controversies arising in other federations.

the basic one – is that contained in articles 245-246.11 to be excluded from List II. article 245 sets out the limits of the legislative powers of the Union and the States from the geographical (or territorial) angle. (3) Subject to clauses (1) and (2). Parliament.1. it is article 246 which is important. From the point of view of the subject matter of legislation. 3. the Legislature of any State also. referred to as the “Concurrent List”). However. Article 245 provides. the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters .e. The dominant position of Parliament in List I and List II thus established. a) The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are spread out over several articles. Parliament has exclusive power to make laws with respect to any of the matters enumerated in List 1 of the Seventh Schedule (in this Constitution. inter alia. (b) Thus. (2) Notwithstanding anything in clause (3). Therefore while interpreting the Constitution the doctrine was pronounced in the related judgments and achieved significance. Provisions in Constitution of India: Doctrine of pith and substance is schemed under Constitution of India. shall have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution. that (subject to the provisions of the Constitution). referred to as the “Union List”). and subject to clause (1). the most important of those provisions – i. The provisions under Constitution related to the doctrine are: Scheme of distribution under Constitution of India. Article 246 reads as under: “246(1) Notwithstanding anything in clauses (2) and (3). (i) Parliament may make laws for the whole or any part of the territory of India and (ii) The legislature of a State may make laws for the whole or any part of the State. The doctrine was applied to the matters came before the Courts regarding the disputes and confusion between union and state functionaries.

notwithstanding that such matter is a matter enumerated in the State List”. Judicial Interpretation through various case laws: To adjudge whether any particular enactment is within the purview of one legislature or the other. then. shall prevail and the law made by the Legislature of the State shall. to the extent of the repugnancy. (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision is repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter. whether passed before or after the law made by the Legislature of such State.2.12 enumerated in List II in the Seventh Schedule (in this Constitution. (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State. amending. The provision mainly deals in solving repugnancy between State and Union regarding concurrent list. including a law adding to. Article 246 (2) – gives power to two legislatures. as the case may be. Article – 254 (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact. the law so made by the Legislature of such State shall. if it has been reserved for the consideration of the President and has received his assent.” 3. varying or repealing the law so made by the Legislature of the State. referred to as the “State List”). be void. the law made by Parliament. or. then. To deal with this situation article 254 of the Constitution primarily seeks to incorporate such a mechanism. a conflict can arise between laws passed on the same subject by the two legislatures. it is the pith and substance of the legislation in question that has to be looked into. prevail in the State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter. or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List. the existing law. subject to the provisions of clause (2). This rule envisages that the legislation as a whole be examined to .

provision has been made for a matter which though germane for the purpose for which competent legislation is made. “Effect is not the same thing and subject – matter. objection would not be entertained merely on the ground that while enacting legislation. Once it is found that in pith and substance a law falls within the permitted field. The fact of incidental encroachment does not affect the vires of the law even as regards the area of encroachment. 12 AIR1947PC60. Bank of Commerce. In determining whether the impugned Act is a law with respect to a given power. it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. To put it differently. incidental encroachment is not altogether forbidden.” In State of Bombay V Vatan Medical and general Store11. If according to its ‘true nature and character’. in its pith and substance. “As long as the legislation is within the permissible field in pith and substance. If a state act. the Court has to consider whether the Act.K. ne must have regard tom it as a whole. otherwise valid.” The practical working of the rule can be appreciated by referring to a few decided cases. . any accidental encroachment by it on a forbidden field does not affect the competence of the concerned legislature to enact the law. To ascertain the true character of the legislation in question. is a law on the subject in question. it covers an aspect beyond it. khulna12 the validity of the Bengal 10 11 AIR1984SC981:(1984)2SCC302 AIR1951SC69.13 ascertain its ‘true nature and character’ in order to determine to what entry in which List it relates. and other similar judgements. In a series of decision this court has opined that if an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature in enacting it. Court held the similar principle further. has effect on a matter in List I do not cease to be legislation with respect to an entry in List II or III. In Prafulla Kumar v. and then it is not invalid ‘merely because it incidentally’ trenches or encroaches on the matters assigned to another Legislature.96. to its object and to its scope and effect of its provisions. The Supreme Court of India has enunciated the principle in Premchand Jain V R. the legislation substantially relates to a topic assigned to the Legislature which has enacted it. Chhabra10.

In Krishna v. The Privy Council held that the Bengal Money – Lenders Act was in pith and substance a law in respect of money-lending and money-lenders – a State subject. substantially falls within the powers expressly conferred upon the legislature which enacted it then it cannot be held to be invalid merely because incidentally encroaches on matters which have been assigned to another legislature”. (Ancillary matters). that the judiciary had applied three basic principles under doctrine of pith and substance while deciding the matters. G. State of Madras14. 15 AIR 1959 SC 544. paragraph 15 . which limited the amount and the rate of interest recoverable by a money – lender on any loan was challenged on the ground that it was ultra vires of the Bengal Legislature in so far as it related to ‘Promissory Notes’. the enactment as a whole. The Supreme Court has enunciated the rule of pith of substance in State of Bomby v. in substance.14 Money Lender’s Act. 13 14 AIR1951 SC 318 AIR 1957 SC 297 :1957 SCR 399. Balsara13 As “It is well settled that the validity of an Act is not affected if it incidentally trenches on matters outside the authorized field and. in the Indian scenario. its main object. COMPARISION BETWEEN CANADIAN AND INDIAN CONSTITUIONAL LAWS. it deals with ‘industrial and labour disputes’ (Entry 2. 4. it is necessary to enquire in each case what is the pith and substance of the Act impugned. and was valid even though it trenched incidentally on “Promissory Notes” . Chawla15. and not with ‘local government’ (Entry 5. is valid as. (incidental encroachment. 547 16 AIR 1981 1865. therefore.1946. (ii) Southern Pharmaceuticals Vs. a state prohibition law is valid even though it applies to employment of municipalities. List III). Also following cases can be looked into for the doctrine – (i) State of Rajasthan Vs. to be disregarded). and its scope and effect of its provisions has to be regarded. State of Kerala16. If the Act when so viewed.a Central subject. Therefore we can infer from the journey of abovementioned case laws. a central subject. List II).

The doctrine was there from pre-independence era. State List and Concurrent List. and touching also a subject in other List. Therefore whenever disputes regarding provisions of Constitution arises matters goes before higher courts. banking. is declared to be bad. Constitution of India is supreme law of the land. under Government of India Act.91 and 92 of BNA Act were two provisions through which the doctrine was functional. Subsequently many countries like India had recognized the doctrine into their legal system by considering its significance. It was not the first country of such a nature still it became foremost state that prominently brought the doctrine into force. CONCLUSION . In Canada doctrine of pith and substance was primarily applied by Privy Council while hearing appeal from Supreme Court.15 If we compare background of both countries Canada and India that how the doctrine was evolved then the analysis is as follows: Canada is a country possessing federal character. Matters related to taxes. Doctrine of pith and substance is one amongst it. Though the Constitution should command respect and regard from all. elections. The JCPC for the first time applied the doctrine while resolving disputes of federal nature. The doctrine proved very significant as it saved incidental encroachment of two pieces of legislature on each other. The doctrine has been borrowed from Canada. The judiciary takes aid form various legal principles. the duty to interpret it is bestowed in higher judiciary. Under Constitution of India there are three Lists. India is a union of various federal states. Sec. But before the legislation with respect to a subject in one list. Implementation of the doctrine was even continued by Supreme Court. Then after was inculcated under Constitution of India. and inter-jurisdictional immunity was highlighting cases which were decided by judiciary by applying doctrine of pith and substance. 5. As till 1949 Judicial Committee of Privy Council enjoyed Supreme status in Canada. Union List. Eventually the doctrine has been pronounced in many judgments as discussed earlier. the courts apply the rule of pith and substance. 1935. Therefore the doctrine developed through many judicial pronouncements.

In this manner. The usual interpretation techniques of constitutional interpretation. This duty in a federal constitution is vested in the Supreme Court of that country. The reason behind the rule is that if every legislation is to be declared invalid. It is true that scientific divisions not possible and the questions constantly arise whether a particular subject falls in the sphere of one or the other government. Therefore the courts have evolved principles of interpretation of these powers. thus. One of them is doctrine of pith and substance. they have a number of choices open to them and most often the Courts by putting a favorable interpretation on the legislation in question use their power to support the same. it may often be possible to resolve them by a firm application of the pith and substance analysis. may then play a useful role in determining on a case-by-case basis what falls exclusively to a given level of government. . When problems resulting from incidental effects arise. for it for them to decide its true nature and character and. Pith and substance is basically comes into picture when two pieces of legislature overlaps each other in their functioning. the courts incrementally define the scope of the relevant heads of power. The flexible nature of the pith and substance analysis makes it perfectly suited to the modern views of federalism in our constitutional jurisprudence.16 The doctrine of pith and substance introduces a degree of flexibility into the otherwise rigid scheme of distribution of powers. slight or incidental encroachment by it to the other field. They can not make laws outside their allotted subjects. The scale of the alleged incidental effects may indeed put a law in a different light so as to place it in another constitutional head of power. The doctrine gives quite a good deal of maneuverability to the courts. The power of Center and State are divided. It gives an additional dimension to the powers of Center as well as States. The “pith and substance” doctrine is founded on the recognition that it is in practice impossible for a legislature to exercise its jurisdiction over a matter effectively without incidentally affecting matters within the jurisdiction of another level of government. such as reading down. then the power of each legislature will be drastically circumscribed to deal effectively with the subjects entrusted to it for legislation. howsoever. It furnishes them tool to uphold legislation.

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