Constitutional Immunity - Law Dictionary Search Results
Home Dictionary Name: constitutional immunity Page: 2In 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)]...
Extra-territorial operations
Extra-territorial operations, the words 'extra-territorial operation' are used, in two different senses as connoting firstly, laws in respect of acts or events which take place inside the State but have operation outside, and secondly, laws with reference to the nationals of a State in respect of their acts outside, that in its former sense, the laws are strictly speaking intra-territorial though loosely termed 'extra-territorial', and that under Art. 245(1) it is within the competence of the Parliament and of the State Legislatures to enact laws with extra territorial operation in the sense. The words 'laws with extra-territorial operation' in Article 245(2) must be understood in their second and strict sense as having reference to the laws of a State for their nationals in respect of acts done outside the State. Otherwise, the provision would be redundant as regards legislation by parliament and inconsistent as regards laws enacted by States, Bengal Immunity Co. Ltd. v. State of Biha...
speech or debate clause
speech or debate clause often cap S&D&C : a clause in Article I of the U.S. Constitution granting members of Congress a privilege from arrest and legislative immunity for any speech or debate made in either of the houses called also speech and debate clause ...
section 1983
section 1983 : the section of title 42 of the U.S. Code that makes a person liable for depriving another of any rights, privileges, or immunities secured by the U.S. Constitution and laws while acting under color of any statute, ordinance, regulation, custom, or usage of a state ...
abridge
abridge abridged abridg·ing : to diminish or reduce in scope [no State shall make or enforce any law which shall the privileges and immunities of the citizens of the United States "U.S. Constitution amend. XIV"] abridg·ment or abridge·ment n ...
Exemption
Exemption, immunity; freedom from imposts; a privilege to be free from service or appearance.Freedom from a duty, liability or other requirement, Black's Law Dictionary, 7th Edn., p. 594.The words 'exemption' or other modification are wide enough to enable the Central Government to give rebate such as has been allowed under the Concession Order, Commissioner of Income Tax v. Anant Rao B. Kamat, AIR 1966 SC 279: (1964) 8 SCR 263.Is the freedom or release from a liability, obligation, Webster American Dictionary, p. 405.Under the Constitution of India execution is available to the property of the Union from State taxation, Constitution of India, Art. 285.Is available from taxes on electricity, Constitution of India, Art. 287.Applies only to the extent the trade or business is incidental to the ordinary functions of the Govern-ment, Constitutions of India, Art. 289(3).Is the privilege of being excepted, excused, freed from the operation of a law, A Dictionary of Law, William C. Anderson, ...
Public authority
Public authority, in the policy statement is not a term of art. It must be construed in a purpose way, taking particular account of the context, McFarland HL(NI) (in re:), (2004) 1 WLR 1289.Is a body, not necessarily a country council, municipal corporation or other local authority, which has public or statutory duties to perform and which perform those duties and carries out its transactions for the benefit of the public and not for private profit, Halsbury's Laws of England, 3rd Edn., Vol. 30, p. 682.Means any authority or body established or con-stituted,--(i) by or under the Constitution;(ii) by any law made by the appropriate Government,and includes any other body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government. [Freedom of Information Act, 2002 (5 of 2003), s. 2(f)]Public Authority--Karnataka University being an authority under Article 12 of the constitution is covered by the definition of public authority, Shivan...
Right
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
Judiciary
Judiciary, is the part of Government whose work is the administration of justice, Webster American Dictionary, p. 792.Is the body of officers, who administer the law, A Dictionary of Law, Willium C. Anderson, 1889, p. 579.Is independent of the executive in England, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199.The Constitution of India makes the Indian Judiciary separate from and independent of the Executive as in England; this is achieved by providing for (i) immunity from outside influence, (ii) security of tenure, (iii) favourable conditions of service; (iv) oath of Office, (v) the judicial decision binding on the executive, and (vi) the power to punish for its own contempt, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 199....
citizen
citizen [Anglo-French citezein, alteration of Old French citeien, from cité city] 1 : a native or naturalized individual who owes allegiance to a government (as of a state or nation) and is entitled to the enjoyment of governmental protection and to the exercise of civil rights see also Scott v. Sandford in the Important Cases section amendment xiv to the Constitution in the back matter compare resident NOTE: Under the Fourteenth Amendment, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” A person born outside of the U.S. to parents who were born or naturalized in the U.S. is also a citizen of the U.S. A corporation is not considered a citizen for purposes of the privileges and immunities clause of the Fourteenth Amendment. A corporation is, however, deemed a citizen of the state in which it is incorporated or has its principal place of business f...
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