The Supreme Court of India in State of Bihar vs. Kameshwar Singh (1952) laid down certain tests for…
In State of Bihar v. Kameshwar Singh the tests for colourable legislation were that the court looks to the substance rather than the form or label, to the object and effect…
Choose your answer
The Supreme Court of India in State of Bihar vs. Kameshwar Singh (1952) laid down certain tests for discovering whether any particular act constitutes a colourable legislation.
A. The court must look into whether a legislature used wide or vague words which may extend the operation of an Act to subjects unintended by the statute.
B. The court must look into the substance of the law and not to its form or the label which the legislature has given it.
C. The court must look at the object as well as the effect of the law.
D. If the legislature proceeds under a legislative plan, the court must read all the statutes constituting that plan and determine the combined effect.
Answer and explanation
Correct answer B
In State of Bihar v. Kameshwar Singh the tests for colourable legislation were that the court looks to the substance rather than the form or label, to the object and effect of the law, and, where there is a legislative plan, to the combined effect of all the statutes. Whether wide or vague words are used is not one of the stated tests, so the answer is "B, C and D only".
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