days after the elections, but there is no devolution of functions, functionaries or funds that everybody talks about.
The hon. Prime Minister on 22nd
need to codify the roles and responsibilities, the functions and the duties of each of the functionaries like Member of Parliament ... changes that are brought by the 73rd and the 74th Amendments – functions, functionaries and finances. They are the three ‘F’s; they are exclusively given
Pratap Singh vs State Of Jharkhand & Anr on 2 February, 2005
Author: Hotoi Khetoho
respect of
acts/conduct in the discharge of public
functions of the concerned functionary or
public servant, as may be. The prosecution
under Section ... State as the same relate to the
discharge of public functions by such
functionaries. The State, therefore, would
be rightly interested in pursuing the
prosecution
BPSC within the frame work or parameters of which
its functionaries can function.
24. We shall now take up for our consideration the reliefs sought ... said interim orders which interfered with the
normal functioning of the BPSC by the constitutional functionaries, even if
the High Court desired to have
being done now
under the State Act through statutory functionaries. Thus
none of these functions could be construed to be sovereign
in nature or inalienable ... fact, all governmental functions cannot be
construed either primary or inalienable sovereign function.
Hence even if some of the functionaries under the State Act
could
provision of the Act. The Central Government is a statutory functionary. Its functions are circumscribed by Section 70 of the Act only
discharging the functions of the Governor is different. Schedule II Part A Sub-clause (4) further provides that a person discharging the functions ... functions he discharges or for whom he acts. Thus, the functionary discharging the functions provided under Article 160 of the Constn. cannot be termed
respect of acts/conduct in the discharge of
public functions of the functionary or public servant
concerned, as may be. The prosecution under Section ... State as the same relate to the discharge of public
functions by such functionaries. The State, therefore,
would be rightly interested in pursuing the prosecution
provision of the Act. The Central Government is a statutory functionary. Its functions are circumscribed by Section 70 of the Act only
