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Showing contexts for: constituent assembly debates in K.D. Vohra vs Kamleshbhai Gobarbhai Patel on 11 December, 2002Matching Fragments
14. After having the experience of working of the Government of India Act, 1935, which, in Section 266, provided for functions of the Federal and Provincial Public Service Commissions, the defects that were noticed in practice were sought to be remedied in Article 320 (embryonic form of which was Article 286 in the Constituent Assembly Debates), by seeing to it that the regulations exempting certain things from the scope and jurisdiction of the P.S.C. have to be placed before the Parliament or Legislature, as the case may be, for its scrutiny from time to time. Article 320 provides a check, and indeed a very good check, on the vagaries of the executive by providing that the regulations specifying matters in regard to which it will not be necessary to take the advice of the P.S.C., are laid before the Legislature and the Legislature will have the power not merely to criticize such regulations, but to amend them in any manner that it likes. This would ensure that no regulations would operate unless the Legislature approves them. Furthermore, by Article 323(2) of the Constitution, the State Public Service Commission has been enjoined with a duty to present annually a report of its work to the Executive and the Governor is required, on receipt of such report, to cause a copy thereof together with a memorandum explaining, as respects the cases, if. any, where the advice of the Commission was not accepted and the reasons for such non-acceptance, to be laid before the Legislature of the State, Thus, should the executive be tempted unduly to disregard the advice of the P.S.C., the representatives of the people will have an opportunity of scrutinizing such action of the executive and preventing the executive, in future, from disregarding the considered advice of the Commission. With the checks provided in these Articles, there is a reasonable certainty that the executive will be disposed to act with caution and not to exercise its powers in an arbitrary fashion and act as if the Public Service Commission did not exist.