Administrative Tribunal Order itself was issued by the President under Article 371-D. The events leading to the enactment of Constitution (32nd Amendment ... created by parliamentary enactment as envisaged by Article 323-A itself and that too, after reconciling Article 371-D by an appropriate amendment
Article 16(2) of the Constitution of India. Article 16(3) of the Constitution, which makes an exception to the limitations under Article ... permissible, notwithstanding the prohibition under Article 16(2) , provided such a prescription has been made under Article 371-D or the Presidential Order made thereunder
Requirement as to Residence) Act, 1957 in pursuance of Article 16
(3) read with Article 371 (1) of the Constitution, making a special
provision ... passed by Parliament) was omitted and two new Articles viz.,
Article 371 D and 371 E were inserted. Simultaneously, the State of
Andhra Pradesh also
immediately Article 16 comes into focus. In view of the mandate of Article 16 , but for Clause (10) of Article 371-D , it would ... conferred only on Parliament under Article 16(3) read with Article 35(a)(i) , or the President under Article 371-D of the Constitution
intention of the President, particularly, in view of the scheme of Article 371-D of the Constitution.
32. We have noted above that the State ... Article 371-D of the Constitution which reads as follows:--
"371-D (10): The provisions of this article and of any order made
class of citizens.
27. By Constitution (Thirty Second Amendment) Act, 1973 , Article 371-D , a special provision with respect to the State of Andhra Pradesh ... exercise of the powers conferred by Clauses (1) and (2) of Article 371-D , the President issued Order called the Andhra Pradesh Public Employment (Organisation
exercise of powers conferred by Clauses (1) and (2) of Article 371-D of the Constitution of India. The provisions of the Presidential Order have ... equality injunctions under Articles 14 and 15 are muted protanto to the extent excluded by the provisions of Article 371-D and the Presidential Order
that is what happened under Article 323-A. Article 323(2)(f) specifically refers to Article 371-D and authorises the Parliament to make ... Article further made an express declaration under sub-article (3) of Article 323-A to the effect that - "The Provisions of this Article shall
President of India under Clauses (1) and (2) of Article 371-D of the Constitution of India in respect of State of Andhra Pradesh, hereinafter ... relating to Educational Institutions runs counter to the very objective underlying Article 371-D of the Constitution of India introduced by 32nd Amendment
notwithstanding the prohibition under Article 16(2) , if it is so provided under the Presidential Order. The provisions of Article 371: D, and the Presidential ... Rule made under proviso to Article 309 of the Constitution, the Presidential Order would prevail, as provided under Article 371-D(10) of the Constitution
