scope and extent of the executive power
of the State under Art. 162 of the Constitution, in relation
to regulation and control of trade ... instruction issued by the State Government under
its undoubted powers under Art. 162 of the Constitution for
the due observance of the provisions
such rules has effect of
suspending executive power of Stale under Art. 162 to make
service appointments.
Mysore Public Works, Engineering Department Services
(Recruitment) Rules ... terms of art. 309 of the
Constitution which abridges the power of the executive to
act under art. 162 of the Constitution without
Department. But
his contention is that they are rules issued under Art. 162
of the Constitution. Now Art. 162 provides that "exec power ... Union or the State. We are therefore of
opinion that Art. 162 does not confer any power on the State
Government to frame rules
terms of Art. 309 of the Constitution
which abridges the power of the executive to act under Art.
162 of the Constitution without ... Court also brought out the distinction between the
scope of Art. 309 and Art. 162 of the Constitution. It
observed:
613
"There were
State has been only exercising its powers under Art. 73 or Art. 162 as the case may be, while issuing these instructions. No instructions, directions ... executive authority are considered as instructions 'made under' Art. 73 or Art. 162 of the Constitution.
20. There are many instances where
Backward Classes flows directly from Arts. 15(4) and 16(4) of the Constitution and that Art. 162 of the Constitution is irrelevant for that ... Art. 73 of the Constitution if it is Central Government. Again, the executive power of the State, be it under Art. 73 or Art. 162
caste and scheduled tribe candidates in exercise of its power under Art. 162 of the Constitution of India. Further contention of Mr. Dutt was that ... pass an executive order in exercise of its jurisdiction under Art. 162 of the Constitution of India.
15. In absence of any legislative
frame such Rules/Scheme
.
has been derived by the State under Art. 162 of the Constitution of India
and as such, it cannot be said ... would be apt to take note of provisions contained
under Art. 162 of the Constitution of India, which reads as under:
"162. Extent
162 and
309--Appointment if violative of Arts. 14 and 16--Scope of
Arts. 162 and 309.
HEADNOTE:
In 1957, the respondent, who was working ... when
the Government acted under Art. 309 they cannot be said to
have acted also Linder Art. 162
Mysore. It is thus not an order of the kind
contemplated by Art. 166. Except a statement in that
communication that the Under Secretary ... State which is co-extensive
with legislative power under Art. 162 of the Constitution
cannot be exercised where such exercise is contrary
