considering the
provisions of Article 146(2) of the Constitution of India which is in pari
materia with Article 229 of the Constitution of India ... legislature of the State. In
view of proviso to sub-article (2) of Article 229 ,
any rule relating to the salaries, allowances, leave
or pension
with regard to the
interpretation, scope and impact of Article 371-D on Articles 226 , 229 and
235 of the Constitution.
3. In Civil Appeal ... Therefore, both on the ground that Article 320 (3) (c) would be
contrary to the implication of Article 229 and o the ground that
Rajpramukh or Uparajpramukh". Article 66.-In the Explanation, omit "or Rajpramukh or Uparajpramukh". Article 72.-In clause (3), omit "or Rajpramukh". Article ... State specified in the First Schedule". Article 219.-Omit "in a State". Article 229.-In the proviso to clause (1) and in the proviso
said for the
view that article 320(3) taken as a whole is inconsistent
with article 229. But it is possible to treat the
requirement ... Therefore both on the ground that article
320(3)(c) would be contrary to the implication of article
229 and on the ground that
Chief Justice, in exercise of powers available to
him under Article 229 of the Constitution, has made Rules
known as Rajasthan High Court (Conditions ... significance is that although in
Article 235 , the word "High Court" has been used, in Article
229 , the word "Chief Justice
Haryana in
exercise of powers conferred by Clause (2) of Article 229
read with Article 231 of the Constitution of India. By order
dated March ... obtaining approval as required by the Proviso to Clause
(2) of Article 229 of the Constitution. It was expressly
mentioned in the order that
could not be so imposed in view of the provisions of Article
229 of the Constitution as it was for the Chief Justice to
regulate ... State.
Article 146 contains provisions relating to officers and
servants of the Supreme Court in terms analogous to Article
229 the other provisions being also
Allahabad in exercise of his power conferred upon him by Article 229 of the
Constitution of India made rules known as Allahabad High Court Officers ... legislature of the State. In
view of proviso to sub-article (2) of Article 229 ,
any rule relating to the salaries, allowances, leave
or pension
SC1546 (11)
ACT:
Constition of India, 1950, proviso to Article 229 (2)-
Fixation of pay scales of High Court staff-Chief Justice of
High Court ... Governor of the State under the proviso to
clause (2) of Article 229 is a requirement of a mere formal
approval. The Government could
making pay rules for them in
exercise of powers under Article 229 of the Constitution of India. After
examining the said committee's report ... State Government for approval of the Governor
under the proviso to Article 229(2).
2. The State Government sent a reply dated 21.11.1998 expressing
