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upsc race   13 April 2020

University of Madras vs Shantabai case

ish case m ye bola tha ki other authority of governmental ya sovereign nature ka hona chahiye mujhe puchna h ki governmental ya sovereign nature ka matlab kya hota h.


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 6 Replies

G.L.N. Prasad (Retired employee.)     14 April 2020

There was more explanation in on such sovereign function in Supreme court judgments of Lucknow Development Authority and also Ghaziabad Development Authority.  Please search on google.  Those functions/services offered against receiving consideration/remuneration are not sovereign functions.

Palak Singh   14 April 2020

Hello, 

In the University of Madras v. Shantabai the Madras High Court evolved the principle of ‘ejusdem generis’ i.e. of the like nature. It means that only those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions. Further, it cannot include persons, natural or juristic, for example, Unaided universities.

Here governmental or sovereign functions mean that something resembling the work of a government. It is really tough to define this term as it seems extremely arbitrary hence in Rajasthan State Electricity Board v/s Mohan Lal it was held that to be State, it is not necessary that the authority must be performing governmental or sovereign functions. It should-
i. Be created by the Constitution of India;
ii. Have power to make laws;

Hope this clarifies your doubt!

Regards

Palak Singh

1 Like

Palak Singh   14 April 2020

Hello, 

In the University of Madras v. Shantabai the Madras High Court evolved the principle of ‘ejusdem generis’ i.e. of the like nature. It means that only those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions. Further, it cannot include persons, natural or juristic, for example, Unaided universities.

Here governmental or sovereign functions mean that something resembling the work of a government. It is really tough to define this term as it seems extremely arbitrary hence in Rajasthan State Electricity Board v/s Mohan Lal it was held that to be State, it is not necessary that the authority must be performing governmental or sovereign functions. It should-
i. Be created by the Constitution of India;
ii. Have power to make laws;

Hope this clarifies your doubt!

Regards

Palak Singh

Palak Singh   14 April 2020

Hello, 

In the University of Madras v. Shantabai the Madras High Court evolved the principle of ‘ejusdem generis’ i.e. of the like nature. It means that only those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions. Further, it cannot include persons, natural or juristic, for example, Unaided universities.

Here governmental or sovereign functions mean that something resembling the work of a government. It is really tough to define this term as it seems extremely arbitrary hence in Rajasthan State Electricity Board v/s Mohan Lal it was held that to be State, it is not necessary that the authority must be performing governmental or sovereign functions. It should-
i. Be created by the Constitution of India;
ii. Have power to make laws;

Hope this clarifies your doubt!

Regards

Palak Singh

Palak Singh   14 April 2020

Hello, 

In the University of Madras v. Shantabai the Madras High Court evolved the principle of ‘ejusdem generis’ i.e. of the like nature. It means that only those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions. Further, it cannot include persons, natural or juristic, for example, Unaided universities.

Here governmental or sovereign functions mean that something resembling the work of a government. It is really tough to define this term as it seems extremely arbitrary hence in Rajasthan State Electricity Board v/s Mohan Lal it was held that to be State, it is not necessary that the authority must be performing governmental or sovereign functions. It should-
i. Be created by the Constitution of India;
ii. Have power to make laws;

Hope this clarifies your doubt!

Regards

Palak Singh

upsc race   14 April 2020

Thnks you have really clarified it in nice manner.

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