would
ordinarily be mandatory but when a public
functionary is required to perform a public function
within a time-frame, the same will be held ... time specified. Thirdly, the Bank being a public functionary is
required to perform public functions and hence while
discharging such functions, if the Scheme
functioning of Parliament.
10
This Hon’ble Court ought not to exercise its discretion
in this matter.
The petitioner has been a constitutional functionary ... statements,
even in respect of ‘historically respected personalities’ is
not necessary for functioning of Parliament. Thus, there
can be no claim to legislative privilege
expected by the very nature of their appointment
to discharge important public function affecting not only State
interest but the quality of justice which ... making
18
appointments in disregard of what is expected of a functionary
sensitive to the demands of fairness and equality of opportunity
even when
only to
aid and assist the State Government in their
functioning as licensed surveyors. Thus, the licensed
surveyors cannot be termed as mere contractors bound ... same is duly acted upon, on the basis of which Government
functionaries take further action. It is, thus, statutory
6
Criminal Appeal
Nabam Rebia And Etc. Etc. vs Deputy Speaker . on 13 July, 2016
Author: Jagdish Singh
questions related to allegations of
sporting fraud, conflict of interest leveled against
functionaries of the BCCI and the jurisdiction of a writ
court to intervene ... Constitution of India as it was
discharging important public functions. Building further
on that finding, this Court had while dealing with
Question
must always be remembered that in a
democratic polity like ours, the functions of the
Government are carried out by different individuals
at different levels ... required to be decided by the Government
are dealt with by several functionaries some of whom
may record notings on the files favouring a particular
that the High Courts being constitutional
functionaries may be oblivious of the need for a scheme of
reservation if necessary in appropriate cases by resorting ... need for providing
reservation and matters incidental thereto is essentially the
9
function of the Legislature or the Executive, as the case
have evidently failed to realise the distinction
between the Constitutional and Statutory functionaries
and thus violated the directions issued by the Hon’ble
Supreme Court ... certain persons amongst them were to be exempted then all constitutional
functionaries should be treated at par. The High Court also proceeded to formulate
certain
information sought?
Whether the information
sought for amounts to
interference in the
functioning of the judiciary?
2. Whether the information
sought for cannot be
furnished ... free and frank expression of
honest opinion by all the
constitutional functionaries,
which is essential for
effective consultation and
for taking the right
decision
