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Home Dictionary Name: legislature Page: 3Pith and substance-doctrine of
Pith and substance-doctrine of, the doctrine of 'pith and substance' means that if an enactment substantially fall within the powers expressly conferred by the Constitution upon the legislature which enacted it, it cannot be held to be invalid, merely because it incidentally 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 examination it is found that the legislation is in substance one on a matter assigned to the legislature then it must be held to be valid in its entirety even though it might incidentally trench on matters which are beyond its competence. In order to examine the true character of the enactment, the entire Act, its object and scope and effect, is required to be gone into. The question of invasion into the territory of another legislation is to be determined not by degree but by substance. The doctri...
India
India, the territory of India comprises the territories of the States and that of Union territories which are specified in Sch. 1 of the Constitution and any other territories which may be acquired, Constitution of India, Art. 1(3)(a), (b), (c).means Bharat, a Union of States, Constitution of India, Art. 1.India, in 1876, by the (English) Royal Titles Act, 1876 (39 & 40 Vict. c. 6), Queen Victoria was empowered to add to the style of the Crown, with a view of recognizing the transfer of the Government of India to the Queen by the Government of India Act, 1858 (21 & 22 Vict. c. 106), and the addition of 'Empress of India' was made by Proclamation in April, 1876, with which addition as 'Emperor of India' it has passed to his present Majesty.In any Act of Parliament passed after 1889 the expression 'British India' means 'all territories and places within her Majesty's dominions which are for the time being governed by her Majesty through the Governor-General of India or through any govern...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Legislative Assembly
Legislative Assembly, is the House of State legislature, where the legislature is bi-cameral; it is applied to the lower House, Constitution of India, Art. 168(1)(a).Is composes of members chosen by direct elections, Constitution of India, Art. 170(1).Means the Legislative Assembly of Manipur. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(29); See also Representation of Peoples (Amendment) Act, 1992 (1 of 1992)]...
Legislative power and judicial power
Legislative power and judicial power, the essence of the distinction between legislative power and judicial power is that the legislature makes new law which becomes binding on all persons over whom the legislature, exercises legislative power; the judicature applies already existing law in the resolution of disputes between particular parties and Judges may not deviate from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative or judical, Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 (2374): 1975 Supp SCC I....
Pith and substance
Pith and substance, as per this doctrine, the question whether an impugned law would relate to the subject-matter within jurisdiction of one legislature or the other is decided by the substance or the real scope of the impugned law and the subject-matter to which it really relates, and not by the label the Legislature has given to it, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 43; State of Rajasthan v. V.G. Chowla, AIR 1959 SC 544; Sajjan Singh v. State of Rajasthan, AIR 1985 SC 845.Pith and Substance, is a doctrine relating to the interpretation of statutes; evolved by the Privy Council, to solve the problem of competitive legislatures, Gallaghar v. Lynm, (1937) AC 863; Prafulla Kumar v. Bank of 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., (1937) AC 863 (PC).When there is a confl...
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 ...
Reasonableness of classification
Reasonableness of classification, it is clear that Article 14 does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of attaining specific ends. What is necessary in order to pass the test of permissible classification under Article 14 is that the classification must not be 'arbitrary, artificial or evasive' but must be based on some real and substantial distinction bearing a just and reason-able relation to the object sought to be achieved by the legislature, R.K. Garg v. Union of India, AIR 1981 SC 2138: (1981) 4 SCC 676: (1982) 1 SCR 947....
Processing
Processing, in common parlance 'processing' is understood as an action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. 'What is necessary in order to characterise an operation as 'processing' is that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and several other articles which requires preservation by refrigeration are stored. While as a result of long storage, Scientific examination might indicate loss of moisture content that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125.Processing, include the preservation of such products as canning, freezing drying, salting, smoking, peeling or filleting etc., Regional Executive, Kerala Fishermen's Welfare Fund...
Provincial Act
Provincial Act, shall mean an Act made by the Governor-in-Council, Lieutenant Governor-in-Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of India Act, 1915, or an Act made by the local legislature or the Governor of a province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935. [General Clauses Act, 1897 (10 of 1897), s. 3(46)]...
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