Article 368 in Constitution of India
368. Power of Parliament to amend the Constitution and procedure therefor
(1) Notwithstanding anything in this Constitution, Parliament ... such amendment seeks to make any change in-- (a) article 54, article 55, article 73, article 162 or article 241, or (b) Chapter
Article 73 in Constitution of India
73. Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power ... officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power
Article
72(1)(a). However, we are very much concerned with Article 72(1)(b) which
has to be read along with Article 73 ... State. Article 72(1)(c) read along with
Article 72(3) is also referable to the proviso to Article 73(1) as well as
Articles
Difficulties) Order, No. VIII, made under Article 392 of the Constitution. (2) Notwithstanding the repeal of Article 243 of the Constitution by the said Schedule ... Uparajpramukh". Article 66.-In the Explanation, omit "or Rajpramukh or Uparajpramukh". Article 72.-In clause (3), omit "or Rajpramukh". Article 73.-In the proviso
shall go on with those articles from Monday
next.
The motion is :
"The article 73 form part of the Constitution."
(Amendments ... because that member has become disqualified under article 74.
Therefore the wording of article 73 is perfectly in order. I may state here
that
subjects
within the legislative competence of Parliament, and under article 73
of the Constitution, the executive power of the Union shall extend to
all such
claim the relief by filing writ petition under Article 226 , Constitution of India. Article 73(g) aforequoted contemplates that Managing Director can be removed ... accordance with the provisions contained under Articles of Association of the Company. Power of removal under Article 73(g) contain no rider.
35. Petitioner
framing of subordinate legislation by the Executive under Article 73 of the Constitution of India, the applicability in which to all civil posts/services under ... taken as if the legislation by the executive under Article 73 of the Constitution. Moreover, it is not open to the Government to say that
some authorised surveyor." Article 72 specifies the authorised surveyors. Then, Article 73 provides that "recognition and demarcation shall be made by the Mining ... make the payments mentioned in the said Article within any particular period. Even the provision in Article 73(4) is only permissive and not obligatory
Dr. Balram Airan vs Akhil Bhartiya Ayurvigyan Sansthan on 24 September, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL
