AI Overview...
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Validity of External Acts and Notifications - Several sources discuss whether acts or notifications made outside the formal constitutional framework are valid. For instance, Notification applying the Commissions of Inquiry Act, 1952, to a committee was scrutinized for its legal validity, with courts emphasizing that such commissions are fact-finding bodies whose reports are not binding on the government NILKANTH TULSIDAS BHATIA VS UNION OF INDIA - Gujarat, Lal Krishna Advani (L. K. Advani) VS State Of Bihar - Patna.
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Nature and Scope of Commissions of Inquiry - These bodies are primarily fact-finding entities, not courts, and their reports serve to inform administrative decisions rather than establish legal rights or obligations. The courts have held that inquiries under the Commissions of Inquiry Act do not possess judicial authority, and their findings are subject to review but not binding Lal Krishna Advani (L. K. Advani) VS State Of Bihar - Patna.
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Procedural Validity of Disciplinary and Inquiry Proceedings - Several cases analyze whether disciplinary proceedings and inquiries adhere to constitutional provisions like Article 311. Key points include the necessity of proper initiation, fair conduct, and timely completion of inquiries. Courts have also examined the powers of authorities to accept or reject inquiry reports, emphasizing procedural fairness and legality Shripad Anant Puranik VS General Manager B. E. S. &T. Undertaking, BEST Marg - Bombay, Vuba Kiran Kumar vs Union of India - Central Administrative Tribunal, SECRETARY vs JACOB DAVID - Kerala.
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Validity of Notifications and Amendments - Notifications canceling examinations or altering legal provisions have been challenged on constitutional grounds, particularly Article 14 (equality). Courts have quashed some notifications found to violate principles of fairness or procedural requirements, while upholding others that follow proper legal procedures Chairman, Jandk State Board Of Education VS Feyaz Ahmed Malik - Supreme Court.
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Challenges to Legislative Amendments - The validity of legislative amendments, such as the 2002 Act excluding certain communities from scheduled caste benefits, has been contested on grounds of legislative competence and constitutional validity. Courts have upheld the Parliament's power to amend laws, provided the amendments comply with constitutional provisions SAMASTA GUJARAT RAJYA MOCHI SAMAJ VS UNION OF INDIA - Gujarat.
Analysis and Conclusion:
Acts or notifications made outside the constitutional or statutory framework require careful scrutiny to determine their validity. While commissions of inquiry serve important administrative functions, their reports are non-binding and do not possess judicial authority. Disciplinary and inquiry procedures must adhere to constitutional guarantees, including fairness and timely completion, to be valid. Notifications or amendments that violate principles of equality or procedural fairness can be quashed. Overall, the validity of acts done outside the constitution hinges on adherence to constitutional principles, proper procedural conduct, and the authority under which such acts are made.
Search Results for "Act Done Outside Constitution Validity of Change Report Inquiry"
2006 0 Supreme(Guj) 169 • India - Gujarat
M.R.SHAH
The subsequent notification applying the provisions of the Commissions of Inquiry Act, 1952 to the committee did not change the color ... Whether the subsequent notification applying the provisions of the Commissions of Inquiry Act, 1952 to the committee changed the ... The court also directed the respondents not to give any further publicity to the report. ... Shri nanavati, learned senior advocate firstly challenged the locus standi of the petitioner to file the pr....
2009 0 Supreme(Bom) 1397 • India - Bombay
SWATANTER KUMAR, A.M.KHANWILKAR
authority alone can initiate disciplinary action or issue charge-sheet and itself conduct inquiry - Contention not tenable - No ... member of staff - Petition dismissed. - While examining that provision, the Apex Court opined that although Article 311 of the Constitution ... if no rules have been framed, saying as to who shall initiate departmental proceedings, then on the basis of Article 311 of the Constitution ... It is only the Appointing Authority who would be competent to take a final decision on the basis of the #....
2011 0 Supreme(Guj) 469 • India - Gujarat
K.M.THAKER, SUDHANSU JYOTI MUKHOPADHAYA
sit in appeal over such conclusions arrived at on the basis of material on record - In exercise of powers under Article 226 of Constitution ... Judge in labour Court, has been ordered to be compulsorily retired pursuant to two separate departmental proceedings by way of inquiry ... in connection with two chargesheets - Held, Conclusions arrived at by the Inquiry Officer in departmental proceedings based on evidence ... The High Court considered the said report and thereafter was of the opinion that it is not possible to ....
1996 0 Supreme(Pat) 328 • India - Patna
N.PANDEY, R.N.SAHAY
Commission of Inquiries Act, 1952, Section 3-Commission of Inquiry is simply a fact finding body. ... Its report is not binding on the Government-Any attempt to find out the correctness or otherwise of such a report may be beyond the ... , 1952, Section 3-The Commission of Inquiry is not a Court and is not exercising judicial functions but the functions are not merely ... The inquiry is done to reach an ultimate administrative decision. ... 28. ... I am conscious tha....
2024 Supreme(Online)(CAT) 11164 • India - Central Administrative Tribunal
Dr. Lata Baswaraj Patne, J, Ms. Shalini Misra, AM
Memorandum and the Inquiry's validity. ... The Tribunal considered the validity of the Charge Memorandum based on the powers of the Disciplinary Authority. ... ... ... Issues: The key issues included the legality of the Charge Memorandum and the alleged bias of the Inquiry Officer. ... The respondents further contended that when the inquiry is closed, the IO will submit his report as well as the statement of the PO, and the applicant will be called to submit his wri....
2019 0 Supreme(Guj) 143 • India - Gujarat
J.B.PARDIWALA, A.C.RAO
Indian Penal Code, 1860 – Sections 302, 307 – Gujarat Police Act – Section 135 – National Legal Services ... And, if not, what would be the effect of the deprivation on the validity of the judgment, and the further course of action. ... On hearing my voice, my brother Naran woke up and my father, who was sleeping outside the house, woke up and came inside. ... Therefore, a certificate in the Form No.5 as per the provisions of the Mental Health Act, 1987 was issued stating that the patient was requ....
1974 0 Supreme(AP) 32 • India - Andhra Pradesh
OBUL REDDI
- INQUIRY AGAINST GOVERNMENT SERVANT - POWER OF SECRETARY TO GOVERNMENT TO AGREE OR DISAGREE WITH REPORT OF ENQUIRY OFFICER - ALLOCATION ... FUNCTION OF GOVERNMENT UNDER CLASSIFICATION, CONTROL AND APPEAL RULES - MALA FIDES AGAINST MINISTERS AND SECRETARY TO GOVERNMENT - CHANGE ... Whether Rule 29(2) of the Hyderabad Civil Service Rules is violative of Article 311 of the Constitution? 2. ... The inquiry Officer submitted a report dated 13th October, 1971 to the Secret....
2016 Supreme(Online)(KER) 30250 • India - High Court of Kerala
P.R.RAMACHANDRA MENON, P.SOMARAJAN, JJ
under Article 227 regarding the disciplinary proceedings against a government employee, evaluating the procedural adherence and the validity ... action against the employee was justified and lawful, considering the substantial delays in the proceedings and the findings of the Inquiry ... In Annexure 3 report, it was held by the Inquiry officer that articles of charge against the applicant was 'Partly Proved'. ... The charges leveled were held to be partly proved by the inquiry officer....
2000 1 Supreme 330 • India - Supreme Court
J.JAGANNADHA RAO, D.P.MOHAPATRA
In judging the validity a notification containing provisions regarding steps to be taken when a report of mass-malpractice is received ... Court quashing notification cancelling examination as violative of Article 14 of Constitution-Not justified-Chairman acted as delegate ... Education-Board amending Regulations introducing Regulations enabling Chairman of Board to cancel examination on ground of mass copying or outside ... Coming to the case on hand, as noted earlier, the High Court has quashed the notification issued ....
2004 0 Supreme(Guj) 52 • India - Gujarat
D.H.WAGHELA, R.K.ABICHANDANI
– Validity of the Amendment Act of 2002 – Petitioner seeks to challenge the validity of Act, 2002, to extent that it excludes `mochis ... outside Dangs district and Umargaon Taluka of Valsad district in State of Gujarat from Schedule 1 to Constitution (Scheduled Castes ... Act of 1976 in view of the clear legislative competence of the Parliament not only to make law but to change the law by subsequent ... ... ( 1 ) THE petitioner seeks to challenge ....
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