whether those functions are
executive or legislative in character. Neither the
President nor the Governor is to exercise the executive
functions personally. The present appeals ... Governor has several functions
to perform. The word functions' includes powers and duties-
The nature of these functions and the capacity in which
majority (Baharul Islam and Misra JJ, Tulzapurkar J
dissenting)
The executive function of the Public Prosecutor and or
the supervisory function of the trial court ... four things became clear
:
(i) Though withdrawal from prosecution is an executive
function of the Public Prosecutor for which statutory
discretion is vested
judicial function. Mr. Nanavaty further contends that the above function is not also a legislative function. According1 to Mr. Nanavaty, the only legislative function which ... function mentioned in Clause (1) must necessarily be of a different kind and that, therefore, the latter function was of an executive character. Secondly
governmental
functions that remain after legislative and judicial
functions are taken away."
It cannot however be assumed that the legislative functions
are exclusively performed ... legislation to the executive authority:
Harinagar Sugar Mills Ltd. v. Shyamsundar(1). In the
performance of the executive functions, public authorities
issue orders which
President acting and exercising directly all powers of the executive and discharging executive functions in several Union territories. It is for this reason that ... President. But the functions under Article 239 are of the administration or Union territeries. These functions are governmental function and are affairs of the Union
does not, however, take out that function from the realm of a function performed in discharge of the executive power pf the State Government ... executive functions also involve quasi-legislative and quasi-judicial functions, then those functions can also be delegated as part of the executive functions
Punjab Separation of Judicial and Executive Functions Act, 1964
HARYANA
India
The Punjab Separation of Judicial and Executive Functions ... Judicial Magistrates. II. Executive Magistrates. (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second
Punjab Separation of Judicial and Executive Functions Act, 1964
PUNJAB
India
The Punjab Separation of Judicial and Executive Functions ... Judicial Magistrates. II. Executive Magistrates. (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second
Judiciary, are the three arms of the Government collectively discharge sovereign function. The function of the Government are classified. "The Halsbury's Laws ... independent of any regulatory Government order or guideline.
35. Administrative or executive functions are different than the legislative functions. According to Halsbury's Laws
legislation to the executive authority ( Harinagar Sugar Mills Ltd. 's case supra). In the performance of the executive functions, public authorities issue orders which ... involving quasi-judicial functions as exercise of such powers are incidental to the performance of the appropriate functions of the executive, though a duty
