advice of the COM as provided in Article 163(1)
of the Constitution of India. But in the instant case, the impugned notifications ... senior counsel for the petitioner by referring to the provisions of
Article 163(1) of the Constitution of India submits that the provisions thereof
Governor to
the Legislative Assembly must abide by the mandate of Article 163(1) and that any such
communication can only ... Governor.
34
discretionary powers of the Governor in draft article 143 (what ultimately became Article
163 of the Constitution). However, this decision was not taken
Ministers. Therefore, the
consultative process with the Council of Ministers under Article 163(1) of
the Constitution is not sine qua non for appointment ... exercised, as envisaged
under various provisions of the Constitution, especially Article 163 , on the
aid and advice of the Council of Ministers. It was held
Business made under these two articles, viz..
Article 77(3) in the case of the President and Article
166(3) in the case ... officers
subordinate. The provisions contained in Article 74 in
the case of the President and Article 163 in the case of
the governor that there
order is without jurisdiction and same is contrary to provision of
Article 163(1) of the Constitution of India. It is also averred ... advice was tendered by Ministers to the Governor as mandated
in Article 163(3) of the Constitution of India. It was further argued
Cairn India Ltd & Ors vs Government Of India on 19 February, 2020
Author: Rajiv
advert to the
constitutional scheme arising inter alia from Articles 53 ,
74 , 154 , 163 & 361 of the Constitution; our Constitution
although deals with ... function,
Article 74(1) provides for a Council of Ministers with the
Prime Minister at the head; similarly, at the State level
Article 163 provides
submitted that as per
Article 153 of the Constitution of India each State must
have a Governor as per Article 163 of the Constitution ... issue the sanction. It is his
further submission that Article 166 of the Constitution
of India mandates that all the orders of the Government
shall
Salaries and Allowances of Ministers for the State". Article 163(1) of
the Constitution of India provides that there shall be a Council
Sharad Kumar Singh vs The State Of West Bengal And Another on 25 August, 2020
