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N.K.Assumi (Advocate)     11 September 2009

Functions of Public Service Commissions.

Dear Hon'ble Members of LCI, Can any State Public Service Commission in India functions without laying its powers and functions as specified under Article 320 (5) of the Constitution before the State Legislature? In other words can the State Public Service Commission functions simply on the strength of Notifications issued by the Executive in the name of the State Governor, without the voice of the Legislatures who are the Representatives of the people? Thanking you all in advance.



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 2 Replies

Prakash Yedhula (Lawyer)     11 September 2009

Article 320 (5) is clear on the subject. 

320 (5): All regulations made under the proviso to clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each house of parliament or the House or each House of the legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of Parliament or the house or both houses of Legislature of the State may make during the session in which they are so laid. 

 

N.K.Assumi (Advocate)     12 September 2009

Dear Sir.Prakash, Thank you for your comments. In my State even after 45 years the massive Regulations made under Article 320 are simply re-promulugated by way of executive orders in the name of the Governor, in other words the Naga People are governed by laws made by the Executive and not by the Legislature who are the representatives of the people.Now the question is whether Article 320 Clause 5 is directory or mandatory? If it is directory only than in that case an important Constitutional functionary like the Public Service Commission will go on functioning with laws made by the executive only and not by the laws made by the  Legislative Assembly like the Ordiances made under Article 213 of the Constitution?.So is it valid for the Public Srvice Commission to go on functioning simply with the Regulations made by the Executive without coming to the Legislature? Members are requested to join the deliberations.


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