Court : Supreme Court of India
Decided on : Mar-24-1995
Reported in : AIR1995SC1512; JT1995(3)SC252; 1995(2)SCALE453; 1995Supp(2)SCC305; (1995)2UPLBEC874
..... this court in the hingir-rampur coal co, ltd. and ors. v. the state of orissa and ors. : 2scr537 . in this case, the petitioner-mine owners, had among others, challenged the method prescribed by the legislature for recovering the cess under the orissa mining areas development fund act, 1952 on the ground that it was unconstitutional. the majority of the bench held that ..... for the term of the panchayat which is five years. article 243-f provides for disqualifications for the membership of the panchayat. article 243-g speaks of powers, functions and responsibilities of the panchayat to be determined by the legislature of the state. it states that the legislature of a state may be law endow the panchayats with such powers and authority as may be necessary ..... or through officers subordinate to him in accordance with the constitution. hence by virtue of article 163, the state government can exercise the power through its officers. neither article 243(g) nor any other provision in part ix of the constitution prevents the governor and, therefore, the state government form delegating its power mentioned in the said part to any subordinate officer. the ..... cut at the very root of the cabinet system of government we have adopted. in this connection, we may refer to the decision of this court in samsher singh v. state of punjab : (1974)iillj465sc where the constitution bench of seven learned judges has held that the executive power of the .....Tag this Judgment!