Question

Which of the following are correctly matched?
1. Territorial nexus: Object should have territorial connection with the state
2. Pith and substance: The validity of legislation is determined by degree of invasion into the field
3. Colorable legislation: Restriction on legislation power
4. Repugnancy: Conflicting results are not produced when both the laws are applied to same facts
Codes
A) 1, 2 and 4
B) 2,3 and 4
C) 1,3 and 4
D) All of the above

Answer 1

Hint:
- The idea of territorial nexus is defined under Article 245 of the Indian Constitution.
- Pith refers to a thing's 'essence' or 'true nature,' whereas substance refers to a thing's 'most significant or fundamental portion.'
- The doctrine of colorability imbues the law with a new meaning, allowing it to achieve its original objective.
- Inconsistency or incompatibility of thoughts or statements is referred to as repugnancy.

Complete answer:
1. Territorial nexus: The concept of territorial nexus is defined in Article 245 of the Indian Constitution, and it dictates how legislative powers are divided.
- Parliament has the power to enact laws that apply to all or part of India's territory.
- A state's legislature has the power to enact laws that apply to all or part of the state.

2. Pith and substance: The legal doctrine of pith and substance is employed in Canadian constitutional interpretation to establish which head of authority a piece of legislation belongs under.

3. Colorable legislation: The idea of colorable legislation is founded on the principle that "what cannot be done directly also cannot be done indirectly." When a legislature oversteps its assigned power and legislates on something indirectly that it can't do directly, the theory is applied to determine questions of competency to pass legislation.

4. Repugnancy: A contradiction or disagreement between provisions of the same document, deed, or contract, or between charges in the same pleading, is referred to as repugnancy in common law.

So, from the given statement and explained definition of each point, only 1, 2 and 4 are correctly matched. Therefore, Option ‘A’ i.e, 1, 2 and 4 is the correct answer because they are correctly matched.

Note: Colorable Legislation Doctrine: The precise meaning of Colorable Legislation is that the legislature cannot strive to attain some other objective under the 'color' or 'appearance' of the power provided for one particular reason.