LIMITATIONS

For the polity students studying the limitation, the concept helps them to understand the different aspects of the limitations from the view of powers, influence of limitations under amendments and ultimately the limitation act. The law of limitations helps the polity to analyze the application area of the particular act, the provisions under the limitation act, and other different significant areas of the limitation act. In further discussion, these aspects have been elaborated briefly for better understanding. 

Discussion 

What is meant by limitations of power?

Limitations of power generally refers to the fact that even the person or the authority recognized as the most powerful person or the position holds the ultimate power, they also have a limitation to put their power while taking any action.

For example: Although the Prime Minister of India is the head of the nation, he is not head of the government. In simple words it can be also said that the prime minister or the president cannot take any decision regarding the parliament activities on his/her own. Even though the president or the prime minister is recognized as the ruling head of the country.

Limitations of amendments under Indian Constitution

Under Indian constitution the limitations on the amendments are, the amendment must be done with the consideration of the majority of the parliament members. Additionally the consideration must be obtained by both the houses of the parliament of India.

Limitation Act 

The Limitation act was first proposed by the government of the UK in the year 1963, however, in the same year, the government of India has also proposed the law of limitations. The limitation Act of India is entitled under the Central Government Act of India commenced by the Central government in the year 1963. The limitation act commenced by the Indian government is applicable in the entire country except for Jammu and Kashmir. In the commencement period of the act, the act came into force on the date selected by the central government of India through the official gazette. While talking about the Limitation Act the first aspect is the eligible applicant under this limitation act. 

According to the limitation act 1963, the eligible applicants are: 

(i) Any person or any Indian citizen has the right to apply under the limitation act. The person can get the right to apply through any other eligible person.

(ii) Any person who serves a petition to any authority due to any reason is also eligible for the limitation act.

Furthermore the applications under the limitation act 1963, the application areas are:

(i) Any served petition will be considered as an application.

(ii) Any type of “bill of exchange” including cheques and hundi is also considered.

(iii) The application also includes any instrument through which a person compels himself to be paid by another, with mentioning that the obligation will be revoked if a specific task is performed or not performed. 

Purpose of Limitation act 

The basic purpose of the limitation act 1963, is to serve the applicants in a better way which will also save time rather than infringe or destroy the right of a discontented person. The preamble of the limitation act determines its purpose. The limitation act or law of limitation provides the applicant time for litigation. In this context, the case institution is hampered due to negligence in the prescribed time under the limitation act. Thus it causes the bare maintenance of the case in the court. The limitation act here helps to provide the exact time frame to the applicant to avoid any kind of negligence. Under the limitation act 1963, any kind of voiding a contract on anyone’s right allows the victim to raise the cause to action. According to the act, any negligence in anyone’s right is prohibited. Under the limitation act of India the law, through the court enforces the right on its contravention. However, the applicant lost the right to raise the cause to action within the prescribed time intended under the limitation act. More specifically, the purpose of the limitation act is not to make aware the applicant regarding the creation of cause to action but the limitation act aims to provide the time period under which any case can be brought to the court and hence to enforce under the law of limitation. Furthermore, the main objective of the limitation act is not to create the constitution of the time period of any eligible cause to action. Rather the purpose is to assist the applicants regarding the forbidden period, meaning the act defines the time range that the applicant will not be eligible to raise the claim afterward. 

Conclusion 

The limitation act is a significant act in the Indian constitution that helps the jurisdiction to serve in a better way. The limitation act is not commenced to any specific interest of the Indian constitution rather the limitation act impacts the whole constitution by providing a specific time period for every single law. Hence for the polity students, it is important to analyze the limitation act to increase the knowledge in the prescribed time range after which the application gets ineligible.