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N.K.Assumi (Advocate)     12 January 2010

Article 154, 213 and 320 of the Constitution:

 

Under the Constitutional schemes there are some Independent Constitutional Organizations like the Election Commission of India, Comptroller and Auditor General of India and most of all the Public Service Commission for the Union and of the States, to functions independently without being influenced by the political Executive or for that matter any person however great they are, except in accordance with the Constitution of India. Article 154 conferred the Governor with the Executive power and that Article 213 conferred the Governor to promulgate Ordinances during the recess of the State Legislature. Question is can the State Public Service Commission makes Regulations for the purpose of Article 320 (3) without being laid before the State Legislature as mandate by Article 320 (5) of the Constitution of India. That Article (5) is mandatory or Directory only? Can sub clause (5) of Article 320 be made through Articles 154 or 213  in spite of sub clause (5) of the Constitution? If Regulations are made in violations of sub clause (5) of Article 320 can it b regarded and declared as null and void?


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