uncertainty as it ultimately leads to arbitrariness in the functioning of
the State and its functionaries which directly offends Art.14 of
Constitution of India
administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply
India; provision of the
Constitution under which constitutional functionaries could be burdened
with non-constitutional functions by ordinary Acts of Parliament; a copy ... Courts
belonging to various caste and gender categories; exempted category of
RTI-functionaries under Section 166 of the Indian Penal Code
discretions
under the constitutional dispensation. The overall constitutional function, to
ensure that constitutional/statutory authorities function within the sphere of
their respective constitutional/statutory authority ... India v. Union of India4 ).
The function of determining whether the act of a statutory functionary falls
within the legislative conferment of power
Amar Nath Poddar vs The State Of Bihar Through Its ... on 7 April, 2021
Equivalent
Prosecutor would be under less duty as a functionary
of the State to discharge his functions as a Public
Prosecutor in an equally just, fair
Allegation" in relation to a public
functionary means by affirmation that such
public functionary in capacity as such--
(i) has failed ... other
person:
(iii) was actuated in the discharge of his
functions as such public functionary by
improper or corrupt motives or personal
interest:
(iv) Allegation
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 ... 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
confers a duty as an obligation on a public functionary to discharge certain functions then he has an implied right to perform such duty
only the police but all functionaries and authorities, including Officers and Executives, are made answerable to laws and to function with the bounds of laws ... Since law alone is the power, all constitutional and statutory functionaries have to function within such limitations which are prescribed for their functions