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power

of a government ;specif : the power delegated to the judiciary under Article III of the U.S. Constitution legislative power : the power delegated to a legislative branch of a government ;specif : any or all of

equal protection

XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal

Public health

c. 63); this was an adoptive Act not applying to London, and forms the foundation of modern sanitary legislation. It was followed by some twenty nine amending Acts which were repealed and consolidated by the Public Health

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Pith and substance

Commerce, AIR 1947 SC 28. Pith and substance, once a law 'in pith and substance' falls within a legislative entry, an incidental encroachment on an entry in another list does not affect its validity, Gallagher v. Lynn.,

With respect to

Constitution of India brings in the doctrine of 'Pith and Substance' in the understanding of the exertion of legislative power and wherever the question of legislative competence is raised the test is whether the legislation, looked at

Session

Session, connotes the sitting together of the legislative body for the transaction of business, Sarat Kar v. Orissa Legislative Assembly, AIR 1952 Ori 234. Session, is

Rule of law

the other is that, even in the hands of a democratically elected legislature, there should not be unfettered legislative power, and lastly there must be an independent judiciary to protect the citizen against excesses of executive and

Repeal

R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29. Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p. 1301. Express Repeal.--Repeal effected by specific declara-tion in a new statute,

Public man

Public man, a public man clearly includes the Chief Minister or any other Minister of State Legislative Assembly or Legislative Assembly and excludes a Government Servant, M. Karunanidhi v. Union of India, AIR 1979 SC

Pith and substance-doctrine of

encroaches on matters assigned to another legislature. When a law is impugned as being ultra vires of the legislative competence, what is required to be ascertained is the true character of the legislation. If on such an

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