Doctrine Pith & Substance - Interpretation of the Constitution

The term Pith refers to the true nature, the true essence or more literally, the center of something.
When we look at the cross section of a tree trunk, the centre most part is called the pith.
Substance means the most essential part of something.
When the court is using the doctrine of pith and substance to interpret a statute – the court is evaluating, what is the true nature of the statute and what is the real effect of the statute.
When is this doctrine of pith and substance actually used? – to answer this question, you have to understand the federal structure of India.
The constitution gives the power to make laws – which is the legislative powers.
These legislative powers are divided between the central legislature – which is the parliament; and the state legislatures.
The seventh schedule of the constitution has three lists – the state list, the central list and the concurrent list.
The central legislature – that is the parliament – has the exclusive power to make laws on the subjects in the central list.
The state legislatures have the exclusive powers to make laws on the subjects in the state list.
And both the central and state legislatures have the power to make laws on the subjects in the concurrent list.
Now, what happens when the parliament passes a law on a subject in the central or the concurrent list – and that law significantly affects a subject that is listed in the state list
– or what happens when a state legislature passes a law on a subject in the state list or the concurrent list – and that law significantly affects a subject in the central list.
In that case, before deciding whether the law is valid or not, the court will look at the pith and the substance of the law.
Because, many laws or statutes may have side-effects that are not main intention of the law. But there may be no reasonable way of preventing the side effect without affecting the actual primary purpose of the law.
For example, the actual purpose of a cough syrup is to provide cough relief – which is its pith and substance – but the incidental effect or the side effect may be that it causes drowsiness.
And, there may not be any reasonable way of preventing that side-effect, without making the cough syrup ineffective or less effective.
So, if the actual pith and substance of the law shows that it is aimed at a subject that is within the powers of the respective legislature – then the side effect will not make the law invalid.
In the State of Bombay v. F.N. Balsara case, the court considered the pith and substance of the Bombay prohibition act and determined that its main intention was to impose prohibition – on alcohol – which is within the remit of the state legislature.
The side effect of the act was on medicinal and toilet preparations that also contained alcohol, and these medicinal and toilet preparations containing alcohol are actually in the union list
Since this was an unintentional side effect, the court held that it will not make the law invalid.

[poojithavyamasani]

Really sir u are teaching in a very effective way..and in a simple way also..