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
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
NCTD.
BAIL APPLN. 878/2015 Page 26 of 37
47. Article 73(1) of the Constitution, insofar as it is relevant, provides
that: subject ... States. The Supreme Court, inter alia, observed as follows:
"7. Article 73 of the Constitution relates to the executive
powers of the Union, while
amount to change in law. Counsel submitted that in
terms of Article 73 of the Constitution of India, the executive
power of GoI extends inter ... action taken by GoI would become a
law as envisaged in Article 73 of the Constitution. In the present
case, it was a conscious
Constitution Bench held as
under:
"7. Article 73 of the Constitution relates to the
executive powers of the Union, while ... Constitution itself or in any law passed by Parliament.
Similarly, Article 73 provides that the executive
W.P.C.No.28179/2013 & conn.cases
adopting best trade and hospitality industry practices
etc., As per Article 73 of the Constitution of India,
Ministry of Indian Railways has got power ... judicial review in the conduct of Government
business as visualized under Articles 73 , 74
and 77 of the Constitution of India. Article 74
makes
such amendment seeks to make any change
in-
(a) article 54, article 55, article 73, article 162 or article 241, or
(b) Chapter
Central Government in exercise of its executive
powers under Article 73 of the Constitution of India. Paragraph 4 (1), (2)
& (3) and paragraph
such amendment seeks to make any
change in-
(a) article 54, article 55, article 73, article 162 or
article 241, or
(b) Chapter
amending the rules by a Government Order
and ignoring the mandate of Article 309 of the Constitution.
8. As respondent No.3 was not eligible ... rules made under the proviso to Article 309 or by means of
executive instructions issued under Article 73 in the case of Civil
Services under
