Governor generally exercises all his powers and
functions. Neither Art.77(3) nor Art.166(3) provides
for any delegation of power. Both Articles ... 166(3) provide that the President under Art.77(3) and
the Government under Art.166(3) shall make rules for
the more convenient transaction
Dr. D.Narayana vs State Of Kerala on 21 February, 2012
IN THE HIGH COURT
Government of India under clause (1) of Art.77. Similarly, clause
(2) or clause (3) of Art.166 is not limited in its operation ... Art.77 and the expression 'Business of the
Government of the State' in clause (3) of Art.166 includes all
executive business
invalid as it did not conform to the requirements of Art.166
of the Constitution. As the argument turns upon the form
of the said ... signature of
the Under Secretary to the Government, Education
Department. Under Art.166 of the Constitution all
executive action of the Government of a State
case may be, authenticated in the
manner provided in Art.77(2) and Art.166(2) and is
communicated to the affected persons. The notings ... authenticated in the manner provided in Art.77
(2) or Art.166(2). A noting or even a decision
recorded in the file can always
sanction was required.
(2) In view of the requirements in Art. 166 of the Constitution of India sanction order should have been issued ... superior authority vis-a-vis the Hed of Department. But then Art. 166(1) of the Constitution provides that all executive action of the Government
State Of Kerala vs T. Moideen Koya on 5 August, 2015
Author: A.M. Shaffique
petitioner is in the exercise of the power under Art.166 of the
Constitution. He also placed reliance on the judgments ... that Administrative Tribunals had been constituted
pursuant to the constitutional provision under Art.323A. The
provisions of Article 323A shall have effect notwithstanding
Cabinet de hors the Chief Minister and whether Article
166(3) of the Constitution is merely an enabling provision
incapable of being mandatory, has been ... needs to be
consistent with the Rules of Business framed under
Art.166 of the Constitution of India. The case law
provides that delegation
Cabinet de hors the Chief Minister and whether Article
166(3) of the Constitution is merely an enabling provision
incapable of being mandatory, has been ... needs to be
consistent with the Rules of Business framed under
Art.166 of the Constitution of India. The case law
provides that delegation
