What is Doctrine of Pith & Substance?

The Doctrine of Pith & Substance helps courts decide the validity of a law when there is an overlap between the powers of Parliament and state legislatures under the Constitution.

It focuses on the real nature or essential character of the legislation. If the law’s main purpose falls within the legislature’s competence (under Article 246 and the Seventh Schedule), the law is upheld, even if it incidentally affects subjects outside its jurisdiction.

In State of Bombay v. F.N. Balsara (1951), the Supreme Court applied this doctrine to uphold state laws regulating intoxicating liquors, despite some federal encroachment, emphasising substance over form.