Wednesday, 12 February 2025

Doctrine of Pith and Substance

The Union Minister recently emphasized the significance of the Pradhan Mantri Dakshata Aur Kushalata Sampanna Hitgrahi (PM-DAKSH) Yojana.

About PM-DAKSH Scheme:

  • Type: Central Sector Scheme
  • Duration: Approved for five years, from 2021-22 to 2025-26, by the Ministry of Social Justice and Empowerment
  • Objective: To provide short-term training, upskilling, reskilling, and entrepreneurship development programs through empanelled training institutes
  • Target Group: The scheme aims to offer skill training to SCs, OBCs, EWSs, De-notified Tribes (DNTs), Safai Karamcharis, including waste pickers, and others
  • Age Criterion: 18 to 45 years
  • Income Criteria:
    • No income limit for SCs, Safai Karamcharis (including waste pickers), and DNTs
    • For OBCs and EWSs: Family annual income must be below Rs. 3 lakhs

Doctrine of Pith and Substance

The Supreme Court recently dismissed the central government's plea to impose a service tax on the promotion, marketing, or sale of lottery tickets. The Court ruled that the power to levy taxes on lotteries lies exclusively with the states and upheld the 2012 Sikkim High Court ruling, which was based on the Doctrine of Pith and Substance.

About the Doctrine of Pith and Substance:

This doctrine is used to determine which level of government (Union or State) has the authority to legislate when there is ambiguity in legislative powers. It states that when it is unclear whether a law pertains to a specific subject, the court looks at the core or substance of the matter to decide which government has jurisdiction.

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