What is Doctrine of Pith and Substance?
The Doctrine of Pith and Substance is a principle used by courts to determine the true nature and purpose of a law when there’s uncertainty about its constitutionality. It focuses on the main objective or “pith and substance” of the law rather than its incidental effects. If a law’s main purpose falls within the powers granted to the legislature by the Constitution, it is upheld even if it incidentally touches on subjects outside those powers. This doctrine helps ensure that laws are interpreted based on their essential aims and intentions rather than technicalities or side effects.
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