Pith And Substance - Definition - Law Dictionary Home Dictionary Definition pith-and-substance

Definition :

Pith and substance, as per this doctrine, the question whether an impugned law would relate to the subject-matter within jurisdiction of one legislature or the other is decided by the substance or the real scope of the impugned law and the subject-matter to which it really relates, and not by the label the Legislature has given to it, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 43; State of Rajasthan v. V.G. Chowla, AIR 1959 SC 544; Sajjan Singh v. State of Rajasthan, AIR 1985 SC 845.

Pith and Substance, is a doctrine relating to the interpretation of statutes; evolved by the Privy Council, to solve the problem of competitive legislatures, Gallaghar v. Lynm, (1937) AC 863; Prafulla Kumar v. Bank of Commerce, AIR 1947 SC 28.

Pith and substance, once a law 'in pith and substance' falls within a legislative entry, an incidental encroachment on an entry in another list does not affect its validity, Gallagher v. Lynn., (1937) AC 863 (PC).

When there is a conflict between two entries in the legislative lists, and legislation be reference to one entry would be competent but not by reference to the other, the doctrine of 'pith and substance' is invoked for the purpose of determining the true nature and character of the legislation in question, Atiabari Tea Co. Ltd. v. State of Assam, AIR 1961 SC 232 (256): (1961) 1 SCR 809.