Court : Supreme Court of India
Reported in : AIR1966SC1220; 2SCR770
..... undoubtedly the power to make any change in any of the provisions contained in the sixth schedule. a part of this wide power has, however, been conferred on the governor, because the constitution-makers apparently thought that parliament need not be called upon to exercise its own power for bringing about comparatively smaller and minor changes in part a of the table ..... areas in the state of assam; and that means that tribal areas in assam would be governed not by the other relevant provisions of the constitution which apply to the other constituent states of the union of india (uoi), but by the provisions contained in the sixth schedule. these provisions purport to provide for a self-contained code for the governance of the ..... repeat them. before i give my reasons why i hold that this appeal should succeed, i find it convenient to refer to the constitutional provisions bearing upon this matter which i apprehend differently. 39. originally the territories of india consisted of the states named in parts a, b and c of the first schedule and the territories specified in part d of ..... it enables us to see the special and very different provisions regarding the tribal areas in the state of assam. scheduled areas and scheduled tribes situated in other parts of india are governed in common by the fifth schedule. the tribal areas in assam are, however, separately provided for. the difference between the two schedules throws some light upon the way .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(4)ALLMR108; 2008(5)BomCR163; (2008)110BOMLR1617; 2008(5)MhLj300
..... whether the same are mandatorily to be followed by the state legislature.16. the above cases involve important questions relating to the powers of the governor under article 371(2) of the constitution of india and the constitutional validity of the development boards for vidarbha, marathwada and rest of maharashtra) order, 1994. several writ petitions in the public interest were filed ..... plan for the year 2003-2004.submissions made on behalf of the petitioners in w.p 2751 of 2006:a) challenges made: the governor (respondent no. 4) has no constitutional power under article 371 of the constitution of india to slash down the proposed outlays from the appropriation bill, which is passed by the state legislature. submissions made: i) the petitioners ..... utilized for the purposes of article 266(3).25. from the above, the first main objection raised was that conferring such financial powers on the governor of maharashtra, through article 371(2) of the constitution of india, would be violative of the 'basic structure doctrine'.26. in that behalf, after considering all the judgments referred to hereinabove cited by mr. ..... order the words 'outlays made' and 'allocation of funds' will have to be construed broadly to give full effect to the 'special responsibility' imposed upon the governor under article 371(2) of the constitution of india, hence the governor is fully empowered to make necessary allocation of funds to improve the backward areas like 'marathwada and vidharbha'. the directives of the .....Tag this Judgment!
Court : Allahabad
Reported in : (1997)1UPLBEC594
..... government with the support of bhartiya janta party and other political parties except the samajwadi party and on 3-6-1995 governor of uttar pradesh in exercise of his powers, authority and jurisdiction conferred by article 164(1) of the constitution of india appointed km. mayawati as chief minister of uttar pradesh and administered the oath. km. mayawati succeeded in winning the ..... uttar pradesh is also said to have explored all possibilities for the formation of elected government within the framework of constitutional mandate. however, on 15th october, 1996, hon'ble governor wrote a letter to his excellency hon'ble the president of india apprising his excellency of the political situation in uttar pradesh, and that there was no political party or group in ..... we have also adopted and guided by parliamentary system of the government, if it is not possible for his excellency governor to choose and appoint chief minister in consonance with the provisions of article 164 of the constitution of india, indeed in such circumstances relevant provisions of articles 174 and 175 may be adhered to in summoning the house and sending ..... 188 etc.2. the facts may be briefly recounted. initially a notification, containing proclamation under article 356 of the constitution of india was issued by the prisident on october 18, 1996. it was based on the report received from the governor of uttar pradesh. the president had recorded his satisfaction that a situation had arisen in which the government of the .....Tag this Judgment!
Court : Rajasthan
Reported in : 1977WLN414
..... ministers of the state, as provided in clause (1) of article 163 of the constitution. in this respect the position of a governor under the indian constitution is very much different from that under the government of india act, 1935. under the government of india act, 1935 the governor general exercised the power of general superintendence over the state administration and in that manner ..... emergency, viz. the failure of the constitutional machinery in the state.8. under the constitution of india, the governor of a state is the constitutional head of the state and although the power of appointment and removal of the governor vests in the president of india, yet the government of india does not ordinarily enjoy the power under the constitution to control the discharge of his duties ..... thakur's case (supra) these words have two different conceptions. article 155 of the constitution, in my view, only provides for the appointments to a constitutional office and it cannot be held that the governor of a state holds an employment under the government of india merely because he holds an office or is appointed thereto. it is difficult to conceive that ..... those enumerated in clause (d) of article 319. there is no doubt that the governor of a state is appointed by the president of india under article 155 of the constitution by a warrant under his hand and seal and further under article 156 the governor of a state holds the said office during the pleasure of the president, although ordinarily he .....Tag this Judgment!
Court : Chennai
Reported in : 2000(1)CTC28
..... , therefore, find any merit in the second contention too'.from the abovesaid decisions, it is clear that before taking decision on the petition filed under article 161 of the constitution of india, the governor should take the advice of the council of ministers.17. though the learned additional advocate general has agreed with this proposition of law, he has further submitted that when ..... '.9. before going into the scope of the abovesaid articles, i am inclined to deal with the power of the governor under the constitution of india, as held by the apex court. the governor enjoys nothing more and nothing less than the status of constitutional head in a cabinet type government - a few exceptions and marginal reserves apart. krishna iyer, j. in his separatejudgment while ..... the advice of his council of ministers'.16. even while considering the exercise of powers under article 163(1) of the constitution of india by the governor, the apex court, has held in the decision in u.p.p.s.c. v. sureshchandra tewari, : 3scr833 , asfollows:-'7. we shall now deal with the second contention. it ..... in support of their claim. under the impugned proceedings the deputy secretary to government, home department informed the petitioners that the governor of tamil nadu who considered the mercy petitions submitted by the petitioners under article 161 of the constitution of india has rejected the same. this letter was sent to the inspector generals of prisons with the request to inform the same .....Tag this Judgment!
Court : Supreme Court of India
..... high court of punjab and haryana. during the pendency of the appeals, narayan dutt, manjit singh and prem kumar also filed petitions under article 161 of the constitution of india before the governor of punjab.11. the governor of punjab, vide order dated 24.07.2007, in exercise of his powers under article 161, granted pardon to narayan dutt, prem kumar and manjit singh ..... grant "pardon" to sarvshri narain dutt, prem kumar and manjit singh in fir no. 56 dated 03.03.2001 p.s- kotwali barnala."18. article 161 of the constitution of india confers on the governor of a state the right to grant pardons, remissions, reprieves or commute the sentence of any person convicted of any offence against any law relating to a matter ..... undergone by the convict, his conduct and behaviour while undergoing sentence and other such material considerations, it would make the order of the governor under article 161 arbitrary and irrational.30. the constitution bench in bikas chatterjee v. union of india & ors. [(2004) 7 scc 634] reiterated the same principles on the extent of judicial review as laid down in maru ram (supra ..... order does not contain any reference to the order of conviction and sentence imposed on the accused persons. it is axiomatic that before the power of the governor under article 161 of the constitution is invoked by any person, the condition precedent is that such person or persons must be convicted of any offence against any law and will be subjected to .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1996(2)ALT799
..... cannot, according to the petitioner, be agitated either before the speaker as contemplated under the tenth schedule of the constitution or under articles 191 and 192 of the constitution of india before the governor of the state. according to him (the petitioner) a writ in the nature of quo-warranto or any other ..... by the speaker are not treated as a proceeding of the house for the purpose of the privileges or the bar under article 212 of the constitution of india. in kihota hollohon v. zachihu (7supra) the supreme court has said as follows:'that the deeming provision in paragraph 6 (2) of ..... defection) shall be acting for and on behalf of the house i.e., the assembly. its proceedings will be falling under article 194 of the constitution of india. notwithstanding, however, the express words in paragraph 6 (2) of the tenth schedule, the decision making by the speaker on questions as to ..... to oust the claimant from its enjoyment if the claim be not well founded. plenary courts or the courts of plenary power under the constitution of india or the superior courts, as they are called, however are not bound by the inhibitions created either by the judicial pronouncements or the conventions ..... and w.p.no. 28622/95 on the ground that the 1st respondent-gottipati hanumanta raohas incurred disqualification under the tenth schedule of the constitution of india to be a member of andhra pradesh legislative assembly as well as on the ground that his antecedents and blemished record of crime and .....Tag this Judgment!
Court : Chennai
Reported in : AIR1965Mad103
..... , 1859 and s. 11 of the madras city police act, 1888, read with the proviso to art. 309 of the constitution of india and in super session of the existing rules on the subject. article 309 of the constitution of india empowers the governor to make rules regulating the recruitment and conditions of service of persons appointed to state services and posts until provision is ..... district police act ad under s. 11 of the madras city police act red with the proviso to art. 309 of the constitution of india, the rules are not valid and enforceable.according to the learned counsel, the governor after the constitution had come into force, had no authority to frame rules under the madras district police act and the madras city police act ..... any different treatment of the conditions of service of the police force from that of the civil service would be contrary to the constitution of india and as such invalid. secondly, he submitted that under art. 309 of the constitution, the governor of a state is empowered to make rules regulating the recruitment and conditions of service until provision is made by an act ..... , 1859 and s. 11 of the madras city police act, 1888 read with the proviso to art. 309 of the constitution of india, they were in fact framed under the powers conferred on the governor under the proviso to art. 309 of the constitution of india. it has been held by the supreme court in hazarimal v. income-tax officer, special circle, ambala cantt., that .....Tag this Judgment!
Court : Karnataka
Reported in : 2000CriLJ4808
..... committed an act of robbery and murder which acts are not pardoned for the purpose of special remission in terms of article 161 of the constitution of india by the governor. petitioners argument that the special remission as referred to in the said order has to be read only for the purpose of clause 2 ..... 433a, cr.p.c. has categorically ruled reading as under in paras 4 and 5 of the order :4. article 161 of the constitution clearly says that the governor of a state shall have the power to grant pardons, reprivers, respites or remissions of punishment or to suspend, remit or commute the sentence ..... , to deal with remissions or respites of punishment or to commute the sentence. this court cannot usurp the power of the governor in a petitioner under article 226 of the constitution.15. respectfully following the said judgement we hold that in the light of the clear decision to grant concession only in respect ..... of republic day by the state. they refer to the proposal dated 22-10-99 (annexure-r-1) order issued under article 161 of the constitution of india, (annexure-r-2) dated 25-1-2000 along with annexures r-3 dated 31-1-2000, annexure-r-4 letter dated 25-1-2000, ..... between the petitioners and others who have been released petitioners' detentions after 26-1-2000 is illegal and in violation of article 21 of the constitution of india.4. notices were ordered in response to which the state has filed its counter-affidavit in both the petitions. the respondents state that the government .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1972SC1193; 1972CriLJ751; (1972)1SCC646; 3SCR411
..... v. ka bthyien kurkalang.  s.c.r. 223. in that case, para 19(b) of schedule 6, constitution of india, authorised the governor to make regulations for the peace and good government of a district. this power was vested in the governor till the setting up of a district council for an autonomous district. it was contended that because a district council ..... kirpal v. state of bihar : 1970crilj875 and cajee v. u. jormanik siem : (1961)illj652sc held that although the power of the governor to legislate ended when the district council was constituted, the power conferred under the regulation on the governor to bring into force the laws set out in the schedule continued and would continue so long as the regulation remained on ..... learned counsel in this respect, it is necessary to give an account of the constitutional provisions applicable to the state of jammu & kashmir. on january 26, 1950 the constitution of india came into force. in exercise of the powers conferred by clause 1 of article 370 of the constitution of india, the president, in consultation with the government of the state of jammu & kashmir ..... , made the constitution (application to jammu & kashmir) order, 1950. this order was superseded by another .....Tag this Judgment!