AI Overview...
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President's Power under Article 258(1) - Allows the President to entrust functions of the Union Government to a State Government with the State's consent. This power is invoked to delegate executive authority for matters in the Union or State lists, especially in the national interest or during emergencies. For example, a notification under Article 258(1) can delegate central functions to a State (e.g., land acquisition, space department functions) STATE OF ARUNACHAL PRADESH & OTHERS VS UNION OF INDIA & OTHERS - Karnataka, SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, W. BENGAL VS NESARUDDIN SHAIKH - Calcutta, Union Of India VS Special Tehsildar (Za) - Supreme Court.
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Scope and Limitations - The power is primarily about delegating executive functions, not legislative authority. It does not extend to legislative powers or creating new laws. Delegation must be within the scope of existing constitutional powers, and the President's authority is exercised through notifications or specific authorizations H. Gouthamchand Jain VS The State of Tamil Nadu, represented by the Secretary. Department of Finance, Fort St. George, Madras-9 - Madras, Kamal Agency and Ors. VS The State of Maharashtra - Bombay.
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Relation to Other Articles and Laws - Article 258(1) works in conjunction with other constitutional provisions like Articles 246, 298, and laws such as the Land Acquisition Act. It provides a mechanism for the President to facilitate executive functions, especially in coordination with State Governments, and is distinct from powers under Articles 356 or 356, which relate to President's satisfaction and emergency powers H. Anraj VS State Of Maharashtra - Supreme Court, Uttam Chand Jain VS Government of Andhra Pradesh, rep. by its Principal Secretary-Revenue, Land Acquisition Department, Secretariat, Hyderabad - Andhra Pradesh.
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Legal Validity and Judicial Interpretation - The delegation under Article 258(1) is valid when properly executed, such as through formal notifications with the President’s authority. Courts have upheld the validity of such delegations, emphasizing that the power is about administrative delegation, not legislative transfer JAYANTILAL AMRATLAL SHODHAN VS F. N. RANA,commissioner,baroda DIVISION - Gujarat, Uttam Chand Jain VS Government of Andhra Pradesh, rep. by its Principal Secretary-Revenue, Land Acquisition Department, Secretariat, Hyderabad - Andhra Pradesh.
Analysis and Conclusion:
Article 258(1) of the Indian Constitution grants the President the authority to delegate executive functions of the Union to State Governments, with their consent, primarily to facilitate effective governance and administrative cooperation. This delegation is exercised via formal notifications and is limited to executive powers, not legislative authority. The power is crucial during emergencies or in the national interest, ensuring smooth functioning across different levels of government. Judicial decisions affirm the validity of such delegations when properly executed, reinforcing the constitutional framework for executive cooperation.
Search Results for "President s Power under Article 258 1"
2007 0 Supreme(Kar) 640 • India - Karnataka
K.SREEDHAR RAO, L.NARAYANA SWAMY
Sub-Article (1) of Article 258 envisages situation of exercise of executive power by the President in relation to matters in List ... should exercise power under Article 258 (1) to authorise the State Government for exercise of the executive power of the Union. ... Sub-Article 2 deals with Parliament’s power to legislate on the subjects enumerated in List #HL_ST....
2006 7 Supreme 44 • India - Supreme Court
P. K. BALASUBRAMANYAN, C. K. THAKKER, S. H. KAPADIA, Y. K. SABHARWAL, K. G. BALAKRISHNAN
249 "in the national interest" and under Article 250 during "emergency"; vesting the President with the power under Article 258( ... 19(2) of the Constitution, on the assumption that voting in such an election amounts to freedom of expression under Article 19(1 ... 1) to entrust a State Government, with consent of the Governor, functions in relation to matters to which executive power of the ... "; vesting the President#HL....
1972 0 Supreme(Mad) 643 • India - Madras
K.VEERASWAMI, V.V.RAGHAVAN
Constitution of India-Articles 298 and 258 (1) -Seventh schedule-List I- Entry 40-List II-Entry 34-Raffle tickets-Prohibition order ... under Article 258 (1).” ... Rana and others4 dealing with Article 258 (1) of the Constitution and the extent of powers of the President to delegate his functions. Therein a notification issued by the President under Article 258 ....
1970 0 Supreme(Bom) 120 • India - Bombay
N.A.MODY, G.N.VAIDYA
the meaning of Article 258 (1). ... within the meaning of Article 258 (1)? ... 19 (1) (g) or Article 301 of the Constitution of India, nor has a State any executive power in respect thereof under Article 298 ... A plain reading of the language of this letter clearly shows that it is not an entrustment by the President within the meaning of Article 258 (#HL_START....
1984 0 Supreme(SC) 24 • India - Supreme Court
E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, R.B.MISRA
Constitution of India,1950 - Article 258 (i), 246(1) and (3) and 298 – Indian Penal Code,1860 - Section ... power under Article 258 it would never be a matter for legislature of one State to take upon itself power to declare unlawful lottery ... is co-extensive with power of Parliament to make laws that President in exercise of his power – Held, Court have explained that ... The source of power fo....
2011 0 Supreme(AP) 1146 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY
delegated to individual officers of the State was rejected by relying the power under Article 258 (1) of Constitution of India and ... A) LAND ACQUISITION ACT, 1894, Section 4 (1) - Constitution of India, Article 258 (1), S.O. 782 (E) dated 25-10-1985 of Union of ... to acquire land for the purpose of Union of India on the ground that by referring to Section 3 (ee) of the Act, the power can be ... Article #HL_START....
1962 0 Supreme(Guj) 96 • India - Gujarat
A.R.BAKSHI, N.M.MIABHOY
of Article 258 such a power is derived by the Commissioner who gets substituted in place of the appropriate Government wherever ... Constitution of India – Article 73 , 226 , 227 and 258 - Land Acquisition Act 1894 – Section 4 , 5a and ... the Act which conferred a special authority on the appropriate Government to appoint a special officer - Contended that such a power ... Nanavati is that the power conferred by clause (1) of Article#HL_E....
1961 0 Supreme(Cal) 192 • India - Calcutta
S.K.SEN, N.K.SEN
Article 258 (1) of the Constitution empowers the President to entrust the functions of the Central Government to a State Government ... The delegation of power by the Central Government was valid under Article 258 (1) of the Constitution. ... to grant consent to the State Governments under Article 258 (1) of the Constitution. ... Article 258 (1....
1995 0 Supreme(SC) 1176 • India - Supreme Court
A. M. AHMADI, B. N. KIRPAL, N. P. SINGH
Constitution of India, 1950 - Article 258 - Land Acquisition Act - Section 4 - Compensation for standing ... Constitution of India whereby President of India had entrusted to Government of Tamil Nadu with their consent functions of Central ... Department of Space Government of India approached State of Tamil Nadu - This was done pursuant to Notification which had been issued Article ... By virtue of the aforesaid notification dated 23-4-1966 issued under Article 258(1....
1973 0 Supreme(AP) 40 • India - Andhra Pradesh
O.CHHINNAPPA REDDY
The power exercised by the President under Article 356 is not a power of the Union Government but is specifically vested in the President ... The power exercised by the President under Article 356 is not a power of the Union Government but is specifically vested in the President ... Issues: 1. Whether the President's satisfaction under Article 356 of the Constitution is justifia....
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