services for its use, in the context of transfer of
functions and functionaries. It is pertinent to note that, there is
people's participation
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
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
contended
that though the Chancellor is the Governor, he functions as a
statutory functionary. When he is acting as a Chancellor, he has
to pass ... functions to perform.
Whenever the Chancellor is required to exercise a
particular function, it is so specified. Whenever any
powers or functions are vested
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
administrative, that
whenever a decision-making function is
entrusted to be subjective satisfaction of a
statutory functionary, there is an implicit
obligation to apply
Prerak P Yadav & 9 vs State Of Gujarat & 13 on 28 June, 2013
functions. Therefore, they can be treated as a
separate class for the purpose of affirmative
actions or for any other purpose relating to the
functional ... persons
like drivers or such other functionaries who may
require vision for carrying out the function. A
blind person would be also able to discharge
lure good lawyers from the Bar. This function cannot
be delegated to any State functionary of the executive.
That is why Supreme Court in State
Constitution the Government and its functionaries have the power to frame the Rules for its functioning. This is another aspect reflecting the lacunae