INTRODUCTION
Today, we will talk about the concept of ‘Letters
Patent’ and what it means. We hear the term Letters Patent quite often but
most of us may not be familiar with its true purport and meaning. Let us
understand the same.
MEANING
‘Letters Patent’ could be defined as “a
document granting some right or privilege, issued under governmental seal but
open to public inspection.” In Latin, it is also called as litrae
patentes. Thus, Letters Patent is a legal instrument that is published
by the Government or in older times, by the King or the Monarch, to establish offices,
grant rights, monopolies or titles to persons or corporations. The opposite of Letters
Patent is Letters Secret that are governmental documents issued to a
private person and are not available for public inspection.
The Letters Patent are documents or instruments that
are formal in nature and are provided to satisfy the minimum requirements of a
particular jurisdiction. Letters Patent are generally prevalent in Commonwealth
jurisdictions as the same are issued by the Monarch for specific purposes.
TYPES OF LETTERS PATENT
Now, let us understand the types of Letters
Patent. The pertinent ones are: -
a. Letters Patent appointing Chancellors, Commissioners,
Ministers, Justices, Counsels etc.
b. Letters Patent conferring various titles such
as dukes and duchess, earl and countess, viscount and viscountess, baron and
baroness etc.
c. Letters Patent creating or constituting various
Offices, Courts, Corporations etc.
d. Letters Patent granting various rights, privileges,
powers or status to persons, corporations, offices etc.
e. Letters Patent removing or abolishing rights,
titles, privileges, powers, offices, persons from offices etc.
It is pertinent to note that even the concept of
Patents in the domain of Intellectual Property Rights (IPRs) also stems from
the concept of Letters Patent. Such patents grant exclusive rights in an
invention or a design to a person.
INDIAN PARLANCE
Let us now come to the Indian parlance. In the Indian
Legal Context, Letters Patent were inter alia used as instruments to
constitute and create High Courts by the Britishers in the pre-independence
era. Various High Courts such as the Bombay High Court, the Calcutta High
Court, the Madras High Court etc. were originally established through Letters
Patent.
TYPES OF CLAUSES IN LETTERS PATENT ESTABLISHING
HIGH COURTS
In the Indian context, Letters Patent constituting
High Courts usually contained clauses relating to the following matters: -
a. Clauses establishing and constituting the Court
and its First Judges.
b. Clauses containing various declarations, seals,
appointments etc.
c. Clauses providing power to admit Advocates,
Vakeels and Attorney.
d. Clauses specifying the types of jurisdictions
that the High Court has such as civil jurisdiction, criminal jurisdiction, extraordinary
jurisdiction, admiralty jurisdiction, testamentary and intestate jurisdiction,
matrimonial jurisdiction etc.
e. Clauses specifying Powers of judges.
f. Clauses providing the procedure and practice
such as Civil Procedure and Criminal Procedure.
g. Clauses relating to appeals.
h. Clauses providing the rules of evidence to be
followed.
i. Clauses providing other powers such as power to
call for records, regulate proceedings, transfer cases, rules of hearing etc.
SUMMARY AND CONCLUSION
Thus, we see that Letters Patent are very comprehensive
piece of documents and serve myriad purposes. In conclusion, following
important points emerge with respect to Letters Patent: -
1. ‘Letters Patent’ is “a document granting
some right or privilege, issued under governmental seal but open to public
inspection.”
2. There are various types of Letters Patent for conferring
titles, appointing officers, constituting offices, granting rights or
privileges, removing offices or officers etc.
3. Even the concept of Patents in the IPR regime originates
from the concept of Letters Patent.
4. In Indian context, Letters Patent were used to
constitute various High Courts in the pre-Independence era.
5. Letters Patent constituting High Courts
contained various clauses relating to jurisdiction, appointments, rules of
evidence, appeals etc.
Therefore, I hope that the nature and the meaning
of Letters Patent in Indian as well as general context is clear by now.
order/comnucations made by indian High commissioner/ indian ambassador are letters patent ?
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