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N.K.Assumi (Advocate)     19 July 2009

Article 320(3) and (5) of the Constitution.

Dear Hon'ble Members of LCI: Part XIV Chapter I and II of the Constitution of India, is the bedrock of the State and no State can ignored this Part XIV. May I know from the members whether the State Public Service Commisssion can function under Article 320 (3) without laying the same before the Legislative Assembly under Clause (5) of the Constitution. Secondly as per the direction of Article 320 (5) of the Constitution any Regulations frame under Article 320 (3) should be laid before the Legislative Assembly within 14 days, and if the same is not brought before the Assembly within the specified time does the Regulations lapsed and become void?. Now if the Regulations framed under Article 320 (3) is laid before the Legislative Assembly and passed by the Assembly does it remain as Rules or Regulations or it should be named as Act of the Legislature? Please render your considered views and opinions. Thanking you all in advance.



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