Constitutional Law - Law Dictionary Search Results
Home Dictionary Name: constitutional law Page: 2Martial law
Martial law, in India, Parliament by law can impose law in any part of the country in case of grave insurrection and provide for indemnity of acts of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, 4th Edn., p. 297, Constitution of India, Art. 34.Martial Law, in the proper sense of the term, means the suspension of ordinary law and the government of a country or parts of it by military tribunals. It must be clearly distinguished (1) from 'military law' (see that title), and (2) from that 'martial law' which forms part of the laws and usages of war. The term 'martial law' is also sometimes used as meaning the common law right of the Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary f...
Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
Religion
Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, is a matter of faith stemming fr...
Amendment
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...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
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 ...
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