include, (i) in relation to functions entrusted under clause (1) of article 258 of the Constitution, to the Government of a State, the State Government ... Order, 1956.] and shall, in relation to functions entrusted under article 258-A of the Constitution to the Government of India, include the Central Government
Shamsher Singh & Anr vs State Of Punjab on 23 August, 1974
Equivalent citations: 1974
repeal Part IX. Clause 17.-While the President is empowered by article 258 (1) to entrust Union functions to a State Government or its officers ... Parliament which applies to that territory.". 18. Insertion of new Article 258-A.-
After Article 258 of the Constitution, the following article shall be inserted
contravened the provisions of Article 77
of the Constitution inasmuch as the order of the
President under Article 258 was not made arid ex
pressed ... exercise the legislative function is under Article 123 and, inasmuch as the function under Clause (1) of Article 258 is not to be performed
Article 258 in Constitution of India
258. Power of the Union to confer powers, etc., on States in certain cases
(1) Notwithstanding anything in this ... State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State
been entrusted to a State Government under clause (1) of article 258 of the Constitution, the State Government may direct, with respect to that area
9864/2018 CAV JUDGMENT
that notification issued under Article 258(1) dated
08.10.2018 by the respondent Union of India is
illegal, violative of fundamental rights ... Lordships be pleased
to hold and declare that notification issued under
Article 258(1) dated 08.10.2018 by the respondent
Union of India is illegal, violative
delegation of powers by the Union of India as contemplated under Article 258 read with Article 73 of the Constitution of India, as the subject ... order by the Union of India delegating the powers under Article 258 of the Constitution of India; and
(xii)in any event, there
dated 23-4-1966 issued under Clause (1) of Article 258 of the Constitution of India, the functions of the Central Government under the Land ... aside. It is pleaded that no notification under Article 258(1) of the Constitution could have been issued for entrustment to the State Government
State in accordance with the provisions of sub-Article (l) of Article 258. The latter provides :
Notwithstanding anything in this Constitution, the President may with ... independently of the provisions of Article 162 and independently of any authorisation or the absence of it under Article 258(1) , a State Government
