power to pass an appropriate law on
the subject. [1054G and 1055B-C]
It is true that the power conferred by Article 309 is
subject ... 309 , including its proviso,
fixes the location of the power. The opening words of Art.
309 limit the amplitude of that power. [1055F]
Seniority
power under Article 162 is unsound and unacceptable. The executive has the power to appoint. That power may have its source in Article ... exercise of power under Article 162. First, Article 162 does not speak of rules whereas Article 309 speaks of rules. Therefore, the present case touches
that the first part of Article 309 does
not attract Article 234 so far as State Legislatures
paramount powers are concerned.
Dr.Dhavan, relying upon ... their powers under Article 309 is not covered by Articles
233 to 235. That question is covered by Article 16
sub-article (4) and none
that the first part of Article 309 does
not attract Article 234 so far as State Legislatures
paramount powers are concerned.
Dr.Dhavan, relying upon ... their powers under Article 309 is not covered by Articles
233 to 235. That question is covered by Article 16
sub-article (4) and none
This was pre-constitution law, and thereafter in exercise of power under Article 309 of the Constitution on 11.07.1950, in supersession of all existing Rules ... Rules which read thus:
In exercise of the powers conferred by Article 309 of the Constitution of India, and in supersession of all existing rules
purposes of exercise of power under Article 233 and when the first line of Article 309 makes the power subject to the provision ... holding that the Governor can make rules under Article 233 by exercise of power under Article 309 proviso but those rules should not interfere with
Governor in exercise of his power under this Article has all the powers of a Legislature which includes power to make retrospective legislation ... main power, but that in examining the question whether the power to make rules under the proviso to Article 309 carries with it the power
Whether a set of rules flow from the power under Article 166 or Article 309 , depends on the substance and not the mere form thereof ... power to amend these rules carried with it the power to amend them retrospectively. The power conferred by the proviso to Article 309
Rule-making function under the Proviso to
Article 309 is a legislative function. Since Article 309
has to operate subject to other provisions ... facts
of the present case, the State while exercising powers under
proviso to Article 309 of the Constitution of India did not act
beyond
Government under the proviso to Article 309 read with Article 313 of the Constitution and that the power so conferred on the Government is Legislative ... power to amend these rules carried with it the power to amend them retrospectively. The power conferred by the proviso to Article 309
