Doctrine of Incidental or Ancillary Powers - Indian Polity Notes

The doctrine of incidental or ancillary powers indicates that if a legislative body has the power to legislate on a particular matter, then they have the power to legislate on ancillary topics related to that matter. Unless that ancillary topic is mentioned explicitly under the jurisdiction of another legislative body.

In this article, we will discuss what is the doctrine of incidental or ancillary powers and the famous Supreme Court Judgements in which this doctrine is used to check the validity of the law.

Concept Of Doctrine Of Incidental Or Ancillary Powers

• This doctrine helps the judiciary determine if the statute made by a legislative body is valid or not along with the doctrine of Pith and Substance.
• What this means is that the authority to legislate on a subject includes the ability to legislate on ancillary subjects that are reasonably related to that subject.
• For example, the power of the central government to impose income tax would include the ability to examine and seize property in order to prevent income tax evasion.
• Powers connected to banking, on the other hand, cannot be extended to non-banking businesses.
• However, a subject cannot be considered auxiliary if it is specifically specified in a State or Union list. For example, pilgrimage is a state subject but it cannot include pilgrimage outside India is not ancillary as it is a separate entry in the Union List.

Supreme Court Judgements In Which Doctrine Of Incidental And Ancillary Powers Is Used

State of Rajasthan vs G Chawla AIR 1959

• In this case, the Supreme Court held that the power to legislate on a topic includes the power to legislate on an ancillary matter which can be said to be reasonably included in the topic.

R M D Charbaugwala vs State of Mysore, AIR 1962

• Supreme Court held that betting and gambling is a state subject as referenced in the State list however it excludes capacity to impose taxes on betting and gambling because it exists as a separate item in the same list.

Prafulla Kumar Mukherjee v. The Bank of Commerce case

• The Supreme Court explained that in case a matter dealt by the state legislature is effecting an item in the Union list then, according to its true nature and character, such a matter should be put in the appropriate list.

Conclusion

The doctrine of Ancillary and incidental intrusion is a supplement to the doctrine of Pith and Substance. The primary idea behind this concept is that the authority to legislate on a subject entails the ability to act on ancillary matters that are reasonably related to the main subject of the matter.

FAQs

MCQs

1. The Doctrine of Incidental or Ancillary Powers allows a legislature to legislate on matters that are:

A. Beyond the scope of the Constitution
B. Essential for enforcing core laws
C. Listed only in the Union List
D. Irrelevant to the legislative competence

2. Under which schedule of the Indian Constitution does the Doctrine of Incidental or Ancillary Powers apply?

A. Second Schedule
B. Fifth Schedule
C. Seventh Schedule
D. Eleventh Schedule

3. Which of the following cases is associated with the Doctrine of Incidental or Ancillary Powers?

A. Golaknath v. State of Punjab
B. Kesavananda Bharati v. State of Kerala
C. State of Rajasthan v. G. Chawla
D. Indira Gandhi v. Raj Narain

4. What is the primary objective of the Doctrine of Incidental or Ancillary Powers?

A. To reduce the powers of the legislature
B. To provide flexibility in legislation
C. To centralize legislative power
D. To restrict the judiciary's role

5. Which type of legislative system benefits most from the Doctrine of Incidental or Ancillary Powers?

A. Federal system
B. Unitary system
C. Presidential system
D. Monarchical system

GS Mains Questions and Model Answers

1. Discuss the significance of the Doctrine of Incidental or Ancillary Powers in maintaining legislative competence in a federal system like India.

Answer: The Doctrine of Incidental or Ancillary Powers is significant in maintaining legislative competence in a federal system like India. It ensures that while legislatures must respect the division of powers laid out in the Seventh Schedule, they also have the flexibility to legislate on matters incidental to their primary responsibilities. This doctrine prevents a rigid interpretation of the Constitution, allowing legislatures to make laws that are necessary for the effective implementation of their core functions. In cases like State of Rajasthan v. G. Chawla, the judiciary has upheld the doctrine, reinforcing its importance in ensuring smooth governance in a complex federal structure.

2. How has the judiciary in India interpreted the Doctrine of Incidental or Ancillary Powers? Discuss with examples.

Answer: The judiciary in India has interpreted the Doctrine of Incidental or Ancillary Powers broadly, ensuring that legislatures can legislate on incidental matters necessary for implementing their primary legislative functions. In the case of State of Rajasthan v. G. Chawla, the court upheld the doctrine by allowing the state legislature to pass laws that were essential to the execution of its main legislative authority. Similarly, in State of Bihar v. Kameshwar Singh, the Supreme Court reinforced the doctrine, ruling that incidental legislation would not be invalidated if it is essential for the primary legislation. These interpretations underscore the judiciary's role in promoting flexibility in legislative functions.

3. Examine the role of the Doctrine of Incidental or Ancillary Powers in the context of Indian federalism.

Answer: In the context of Indian federalism, the Doctrine of Incidental or Ancillary Powers plays a crucial role in ensuring that the Union and State legislatures can legislate effectively without overstepping their jurisdictions. The federal structure divides legislative powers between the Union and States, but there are instances where legislatures may need to legislate on ancillary matters that are not explicitly mentioned in the relevant list. This doctrine allows them to do so, as long as the incidental matter is essential for the implementation of the primary law. By granting this flexibility, the doctrine enhances the efficiency of legislative processes and prevents conflicts over jurisdiction in India's federal system.

Previous Year Questions on the Doctrine of Incidental or Ancillary Powers

1. UPSC CSE Prelims 2019

Question: Which of the following doctrines allows a legislature to legislate on auxiliary matters not explicitly mentioned in the Constitution?
A. Doctrine of Severability
B. Doctrine of Basic Structure
C. Doctrine of Pith and Substance
D. Doctrine of Incidental or Ancillary Powers

Answer: D

Explanation: The Doctrine of Incidental or Ancillary Powers allows a legislature to legislate on auxiliary matters that are essential for the implementation of laws related to core subjects, even if those matters are not explicitly mentioned in the Constitution.

2. UPSC CSE Mains 2018 (GS Paper 2)

Question: Discuss the importance of the Doctrine of Incidental or Ancillary Powers in the Indian constitutional framework. How does this doctrine ensure legislative flexibility?

Answer: The Doctrine of Incidental or Ancillary Powers is essential in the Indian constitutional framework as it allows legislatures to legislate on auxiliary matters necessary for implementing their core legislative responsibilities. This doctrine ensures that legislatures are not constrained by a rigid interpretation of the Constitution, thus providing the flexibility to legislate effectively. For instance, if a state legislature is empowered to make laws on public health, it can also legislate on related matters such as infrastructure development and healthcare systems, even if they are not explicitly listed. The judiciary has upheld this doctrine in multiple cases, ensuring that legislative competence is maintained in India's federal structure.