It is difficult to work out exactly what fit and proper means. He notes that proper also has a moral sense, rarely used, that has developed from the sense of suitable or correct. 9 Other commentators have implied that proper could add to the meaning of fit by including the condition of legal eligibility. What the courts say The phrase fit and proper has been judicially considered in a variety of contexts, but mostly in the context of its use in legislation. Judges have neither distinguished between the shades of meaning nor drawn lines between personal qualification and legal competency.
Judges often use fit and proper and fit interchangeably.
The High Court has used fit broadly to include the moral sense. So the courts generally agree that fit and proper has no settled meaning and that fit on its own has the same meaning as fit and proper. Plain language One of the causes of prolixity in legal documents is that lawyers often use two words when one suffices. Additional words should only be used if they add meaning, otherwise they serve no purpose except to cast doubt in the minds of cautious lawyers. This is especially so when using fit and proper because proper has various shades of meaning.