Interpretation of word "authority" - Indian Laws - General

Interpretation of word authority In absence of any specific definition or meaning we have to rely upon understanding of this expression in common parlance. In common parlance, the word authority is understood to be, power to exercise and perform certain duties or functions in accordance with law. Authority may vest in an individual or a person by itself or even as a delegatee. It is the right to exercise power or permission to exercise power. Such permission or right could be vested in an individual or a body. It can also be in conferment of power by one person to another. This expression has been used differently in different statutes and can be given a different meaning or connotation depending upon the context in which it is used. The purpose and object of using such expression should be understood from the provisions of the relevant law and the purpose sought to be achieved. The word authority is derived from the latin word auctoritas, meaning intention, advice, opinion, influence or command which originate from an auctor, indicating that authority originates from a master, leader or author, and essentially is imposed by superior upon inferior either by force of law (structural authority) or by force of argument (sapiential authority) Farlex Free Dictionary explains the word authority as follows: Authority n. permission, a right coupled with the power to do an act or order others to act. Often one person gives another authority to act, as an employer to an employee, a principal to an agent, a corporation to its officers, or governmental empowerment to perform certain functions. There are different types of authority including apparent authority when a principal gives an agent various signs of authority to make others believe he or she has authority, express authority or limited authority which spell out exactly what authority is granted (usually a written set of instructions), implied authority which flows from the position one holds, and general authority which is the broad power to act for another. Oxford Dictionary explains the word as under: 1. (a) The power to enforce laws, exact obedience, command, determine, or judge. (b) One that is invested with this power, especially a government or body of government officials : land titles issued by the civil authority. 2. Power assigned to another; authorization: Deputeis were given authority to make arrests. Merrium Webster s Law Dictionary, 1996 explains the word as under : Authority pl. ties 1. an official decision of a court used esp. as a precedent. 2. (a) a power to act est. over others that derives from status, position, or office. Example : the authority of the president. (b) the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order). 3. . 4 (a) a government agency or corporation that administers a revenue-producing public enterprise. Example : the transit authority (b) a government agency or public office responsible for an area of regulation. Example : should apply for a permit to the permitting authority. In Law Lexicon, 2nd Edition, 1997 pg. 171, the word authority has been explained and elucidated as follo ws : A person or persons, or a body, exercising power of command; generally in the plural: as, the civil and military authorities. Power or admitted right to command or to act, whether original or delegated: as the authority of a prince over subjects and of parents over children ; the authority of an agent to act for his principal. An authority is general when it extends to all acts, or all connected with a particular employment, and special when confirmed to a single act. Authority, is nothing but a power to do something; it is sometimes given by word , and sometimes by writing; also it is by writ, warrant, commission, letter of attorney c. and sometimes by law. The authority that is given must be to do a thing lawful: for if it be for the doing anything against law, as to beat a man, take away his goods, or disseise him of his lands this will not be a good authority to justify him that doth it.: Authority (In contracts) the lawful delegation of power by one person to another. Authority (In administrative law) is a body having jurisdiction in certain matters of a public nature. Authority. Permission. Right to exercise powers; to implement and enforce laws; to exact obedience; to command; to judge. Control over; jurisdiction. Often synonymous with power. The power delegated by a principal to his agent. The lawful delegation of power by one person to another. Power of agent to affect legal relations of principal by acts done in accordance with principal s manifestations of consent to agent. It is clear from above that there is some unanimity as to what meaning can be given to the expression authority . The authority, therefore, should be understood on its plain language and without necessarily curtailing its scope. It will be more appropriate to understand this expression and give it a meaning which should be in conformity with the context and purpose in which it has been used. [ M/S. OCL INDIA LTD. VERSUS STATE OF ORISSA ORS.- 2010 (4) TMI 963 - SUPREME COURT]