CENTRE STATE RELATIONS- DOCTRINE OF PITH AND SUBSTANCE
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Abstract
There is the major contribution judiciary made, to the legislative relations between the Union and the States. Before we proceed further, let us distinguish between ‘legislative’ act and ‘judiciary’ act and sometimes it is difficult to draw a line of demarcation between them. The function of a legislature is to enact laws. The judiciary is to decide the rights of the parties according to the law and to submit to the mandate legislature. The courts interpret the mandate and decide the rights of the accordingly. On the other hand, the legislative process is for the legislature lay down the law which will govern parties and their transactions and to the court to give effect to the Law. But in spite of all the caution, some conflict and overlapping must arise in certain cases, owing to the nature of thing. For,
“No amount of care in phrasing the division of power in a federal Scheme will prevent difficulty when the division comes to be applied to the variety and complexity of social relationship. The different aspects of life in a society are not insulated from one another in such a way as to make possible a mechanical application of the division of powers. There is nothing in human affairs which corresponds to the neat logical division found in the Constitution.”
“It is not possible to make clean a cut between the powers of various legislatures; they are bound to overlap from time to time.”
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