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Citizen - Law Dictionary Search Results

Fundamental duties

Fundamental duties, are certain obligations on the part of a citizen which he or she owes towards the State so that the individual may not overlook his duties to the community while exercising his fundamental right or commit wanton destruction of public property or life, Shorter Constitution of Durga Das Basu, p. 465.Since they are not addressed to the State, a citizen cannot claim that he must be properly equipped by the State for performing his fundamental duties, Head Masters, Association, West Bengal v. Union of India, AIR 1983 Cal 55....

Bandh

Bandh, the distinction drawn between a 'Bandh' and a call for general strike or 'Hartal' is well made out with reference to the effect of a 'Bandh' on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction it can be concluded that there cannot be any right to call or enforce a 'Bandh' which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways, Communist Party of India(M) v. Bharat Kumar, AIR 1998 SC 184: (1998) 1 SCC 201. (Constitution of India, Art. 19)...

British subject

British subject, no longer denotes a status common to citizens of members of the commonwealth, and instead, for purposes of United Kingdom law, denotes only a restricted and residual category of persons who are not British citizens, Halsbury's Laws of England, Vol. 6, 4th Edn., Para 812, p. 359....

Socially and educationally backward classes

Socially and educationally backward classes, the expression 'socially and educationally backward classes' in Article 15(4) was explained in Balaji's case, AIR 1963 SC 649 to be comparable to Scheduled Castes and Scheduled Tribes. The reason is that the Scheduled Castes and Scheduled Tribes illustrated social and educational backwardness. It is difficult to define the expression 'socially and educationally backward classes of citizens'. The traditional unchanging occupations of citizens may contribute to social and educational backwardness. The place of habitation and its environment is also a determining factor in judging the social and educational backwardness, State of Uttar Pradesh v. Pradip Tandon, AIR 1975 SC 563 (567): (1975) 1SCC 267: (1975) 2 SCR 761...

Paramountcy

Paramountcy, 'Paramountcy' meant those powers which the British authorities by the might of arms, and in disregard of the sovereignty and authority of the States chose to exercise. But that paramountcy lapsed with the Indian Independence Act, 1947. It is difficult to conceive of the government of a democratic Republic exercising against its citizens 'paramountcy' claimed to be inherited from an imperial power. The power and authority which the Union may exercise against its citizens and even aliens spring from and are strictly circumscribed by the Constitution, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530 (575): (1971) 1 SCC 85: (1971) 3 SCR 9....

Civic nature

Civic nature, Mr. Patchotte -- Joyce, submits that such a construction is impossibly wide because any orgainsation which does not have positively anti-social aims could claim to have objects of a civic nature. I do not consider that is correct because the requirement that a body has objects which are of a civic nature if it is to be able to claim exemption means that the body must have objects which promote the relationship of citizens, not among themselves, but with the state of which they are citizens, Expert Witness Institute v. Customs Comrs. (CA), (2002) 1 WLR 1674.Meant aims which were dignified as distinct from efficient, Expert Witness Institute v. Customs Comrs. (CA), (2001) 1 WLR 1658....

CB

same as citizens band that portion of the radio frequency spectrum allocated by the FCC for the use of individual citizens for short distance personal or business use from either fixed or mobile stations Also used attributively as CB radio...

Backward classes

Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...

Freedom of speech

Freedom of speech, Freedom of speech presupposes that right conclusions are more likely to be gathered out of a multitude of tongues than through any kind of authoritative selection. It rests on the assumption that the widest possible dissemination of information from as many diverse and antagonistic sources as possible is essential to the welfare of the public. It is function of the Press to disseminate news from as many different sources and with as many different facts and colours as possible. A citizen is entirely dependent on the Press for the quality, proportion and extent of his news supply. In such a situation, the exclusive and continues advocacy of one point of view through the medium of a newspaper which holds a monopolistic position is not conductive to the formation of healthy public opinion. If the newspaper industry is concentrated in a few hands, the chance of an idea antagonistic to the idea of the owners getting access to the market becomes very remote. But our consti...

Emigrant

Emigrant, means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include:(i) a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated;(ii) any person who has resided outside India at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person. [Emigration Act, 1983 (31 of 1983), s. 2(1)(d)]One who leaves his or her country for any reason with the intent to establish a permanent residence elsewhere, Black's Law Dictionary, 7th Edn., p. 541....

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