Constitution Of India Article 368 Power Of Parliament To Amend The Constitution And Procedure Therefor - Law Dictionary Search Results
Home Dictionary Name: constitution of india article 368 power of parliament to amend the constitution and procedure thereforAmendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
In respect of anything said in Parliament
In respect of anything said in Parliament, The word 'anything' is of the widest import and is equivalent to 'everything'. The only limitation arises from the words 'in Parliament' which means during the sitting of Parliament and in the course of the business of Parliament. Once it was proved that Parliament was sitting and its business was being transacted, anything said during the course of that business was immune from proceedings in any court, Tej Kiran Jain v. M. Sanjiva Reddy, AIR 1970 SC 1573 (1574). [Constitution of India, Article 105 (2)]...
Provisions of this Constitution
Provisions of this Constitution, the expression 'provisions of this Constitution relating to' means 'provisions having a dominant and immediate connection with': it does not mean merely having a reference to, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530: (1971) 1 SCC 85: (1971) 3 SCR 9.The words 'provisions of this constitution' cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles. While construing a constitutional provision, such a limitation ought not to be ordinarily inferred unless the context does clearly so require. The provisions of the constitution include the chapter relating to Fundamental Rights, the chapter relating to Directive Principles of State Policy as also the Preamble to the Constitution, S.R. Bonnai v. Union of India, (1994) 3 SCC (I) 220: AIR 1994 SC 1918. [Constitution of India, Article 356 (1)]...
Article
Article [articulus, Lat.], a complaint exhibited in the Ecclesiastical Court by way of libel. The different parts of a libel, responsive allegation, or counter allegation in the Ecclesiastical Courts.Means (as respects standardisation and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2 (a)]An article of the Constitution. [Representation of the People Act, 1950 (43 of 1950), s. 2 (a)]Any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. [Designs Act, 2000 (16 of 2000), s. 2 (a)]A machine is a tangible thing which can both be seen and felt and as such it answers the description of an 'article' within the meaning of s. 2(b) (iii) of the Act, Zaffar Mohd v. State of West Bengal, AIR 1976 SC 171 (172). [Drugs and Mag...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Constitution
Constitution, any regular form or system of government. Also a particular law, ordinance, or regulation made by the authority of any superior; as the Novel Constitutions of Justinian and his successors; the Constitutions of Clarendon; the Ecclesiastical Constitutions, etc.Constitution and 'Organisation' as against jurisdiction and powers', words do not include words 'jurisdiction' and powers' within their scope and power of 'Constitution' and 'organisation' of the Supreme Court and High Court nests with Parliament alone, Jamshed N. Guzdar v. State of Maharashtra, (2005) 2 SCC 59.Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. A Constitution must not be construed in any narrow or pedantic sense, and that construction most beneficial to the widest possible amplitude of its power, must be adopted, India Cement Ltd. v. State of T.N., (1990) 1 SCC 12: AIR 1990 SC 85.Means the Constitution of India. [Supreme Court ...
Parliament
Parliament, British Parliament consists of sovereign, House of Lords and the House of Commons. The Power of Parliament is transcendent and its Acts bind every subject; no authority other than Parliament can create, amend or abrogate a statute, Office of the Speaker in the Parliaments of Commonwealth Wilding and Philip Laundry, p. 429.Parliament, consists of the President, Lok Sabha and Rajya Sabha; each of its branches has peculiar powers in connection with their joint legislative function, Constitution of India, Art. 79, Parlia-mentary Practice, Erskine May, 22nd Edn., 1997.Parliament, has power to amend Constitution. (Constitution of India, Art. 368)Parliament, has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body, Constitution of India, Art. 253.Parliament, like the British Parliament, the Par...
Affirmation
Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...