Shamsher Singh & Anr vs State Of Punjab on 23 August, 1974
Equivalent citations: 1974
B.R. Enterprises Etc, Etc vs State Of U.P. And Grs. Etc: Etc on
report when made.
Held:(i) (per Gajendragadkar, Shah and Dayal JJ.)
Article 258(1) of the Constitution in effect enables the
President ... Shivappa v. Gurppadappa Murigappa, I.L.R. 1958
Mysore 48, approved.
Article 258(1) empowers the President to entrust to the
State only such executive
make laws, that the President
in exercise of his power under Article 258(1) had entrusted
to the State Government the executive power ... Article
298 does not open with the words 'subject to the provisions
of the Constitution', as does Article 73. Reading and
considering Articles
Central Government. We have seen
that under Clause (1) of Article 258 of the Constitution, it is the
President who can delegate his functions ... Government may act on behalf of the President for purposes of Article
258. It is true that, under Article 74 of the Constitution, the
President
could be tone by the
Government of various States only under Article 258(1) of
the Constitution on entrustment of that function by the
Union ... done by the Government of various
353
States only under Article 258(1) of the Constitution on
entrustment of that function by the Union
Article 123; to suspend the provisions of Articles 268 to 279 during an emergency; to declare failure of the Constitutional machinery in States under Article ... backward classes; Article 340 , appointment of Special Officer for Scheduled Castes and Tribes : Article 338 , exercise of his pleasure to terminate employment: Article 310 , declaration
prevail, subject,
however, to stipulations contained in sub-Article (2) of Article 254 and
the proviso.
Article 256 of the Constitution is yet another superscriptus ... Article 162 of the Constitution. Similar such provisions in the
Constitution containing express powers can be noted in Articles 256 , 257 ,
258
case inter alia
was that the President's notification under Art. 258 (1) was
ineffective after the partition since the consent of the
Government ... officer had not been
obtained as required by, Art.258 (1).
Article 258 (1) of the Constitution reads:-
"Notwithstanding anything in this Constitution
Parliament to legislate in a field covered by the
State under Article 252 only with the consent of two or more
States, with provision ... Article 249 " in the national interest" and under Article 250
during "emergency"; vesting the President with the power
under Article 258