AI Overview...
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Presidential Orders and Legal Authority - The process of establishing benches, appointing officers, or making transfers requires compliance with constitutional and statutory procedures, including Presidential notifications under relevant laws such as the States Reorganisation Act or specific constitutional clauses. Courts have emphasized that such processes are valid only if initiated following prescribed legal steps, including approval from the Governor or relevant authorities R. Suresh Kumar VS Union of India rep. by Ministry of Law Justice & Company - Madras, Ranjeet Baburao Nimbalkar VS State of Maharashtra - Supreme Court, N. P. Amrutesh, S/o. Late Puttaswamy VS Union Of India, Ministry of Law And Justice South Block, New Delhi-110 001, Represented By Its Secretary - Karnataka.
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Stage-wise Procedure for Appointments and Absorptions - The absorption of external candidates or appointment of officials involves multiple stages, including obtaining approvals, verifying records, and consulting trade unions. Presidential orders or decisions must follow formal procedures, with the process being scrutinized for legality if irregularities occur Bharat Sanchar Nigam Ltd. , rep. by its Deputy Director General (SEA), New Delhi VS Registrar, Central Administrative Tribunal, Chennai - Madras.
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Judicial Oversight and Decision-Making Process - Courts review whether decision-making authorities adhered to legal protocols, including transparency and proper approval. When decisions are questioned, courts examine records to ensure due process was followed, and that no illegality or procedural irregularity influenced the outcome North Delhi Municipal Corporation VS Rajesh Sharma - Delhi, Mithlesh Sharma VS Union of India - Delhi.
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Role of Executive and Administrative Authorities - The establishment of benches, transfer of personnel, or issuance of notifications often involves executive decisions approved by Cabinet or other authorities, and such approvals are necessary for validity. Courts have upheld these processes when procedural requirements are met, and have dismissed challenges based on delays or procedural lapses if proper approval was obtained N. P. Amrutesh, S/o. Late Puttaswamy VS Union Of India, Ministry of Law And Justice South Block, New Delhi-110 001, Represented By Its Secretary - Karnataka, Rolling Hills House Owners Association vs Greater Hyderabad Municipal Corporation - Telangana.
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Specific Procedures for Absorption, Transfers, and Approvals - Processes such as absorption of employees, retention of government accommodation, or issuance of notifications require formal approval, vigilance clearance, and adherence to policies. Any deviation or omission can render decisions illegal or subject to judicial review Bharat Sanchar Nigam Ltd. , rep. by its Deputy Director General (SEA), New Delhi VS Registrar, Central Administrative Tribunal, Chennai - Madras, Ashutosh Vasant vs Chairman and Managing Director Railtel Corporation of India Limited - Delhi.
Analysis and Conclusion:
The presidential approval process is a critical legal requirement for establishing benches, appointing officials, or making transfers within government and judicial bodies. It mandates a structured, multi-stage process involving formal approval from constitutional authorities, the Governor, Cabinet, or relevant agencies. Courts scrutinize these procedures to ensure legality, transparency, and adherence to statutory norms. Challenges to such processes are often dismissed if proper procedures are followed, emphasizing the importance of compliance with constitutional and statutory mandates to uphold the legality of executive actions R. Suresh Kumar VS Union of India rep. by Ministry of Law Justice & Company - Madras, Ranjeet Baburao Nimbalkar VS State of Maharashtra - Supreme Court, N. P. Amrutesh, S/o. Late Puttaswamy VS Union Of India, Ministry of Law And Justice South Block, New Delhi-110 001, Represented By Its Secretary - Karnataka, North Delhi Municipal Corporation VS Rajesh Sharma - Delhi.
Search Results for "Presidential Approval Process"
2004 0 Supreme(Mad) 402 • India - Madras
V.S.SIRPURKAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
The petitioner argued that the process was illegal and beyond the jurisdiction of the High Court. ... However, we cannot countenance an argument that the process to create a Permanent or a Circuit Bench at Madurai could not have been initiated at all unless there was a law passed or unless a Presidential Notification was issued under Sec.51(3) of the States Reorganisation Act or unless the Chief Justice ... had passed an order with the prior approval of the Governor under Clause 31 of the Letters Patent. ... By W.P.No.24....
2025 0 Supreme(SC) 2076 • India - Supreme Court
ARAVIND KUMAR, N. V. ANJARIA
Justice for appointing additional places of sitting is independent and ongoing - The decision is valid if made with the Governor's approval ... Sub-Section (2) contemplates the establishment of permanent Benches by Presidential order after consultation with constitutional authorities, a process that necessarily entails a formal allocation of territorial jurisdiction. Sub-Section (3), however, stands on a distinct footing. ... The learned Senior counsel further contended that the decision-making process is vitiated by lac....
2013 0 Supreme(Mad) 3991 • India - Madras
N.PAUL VASANTHAKUMAR, R.MAHADEVAN
The process was to be done stage by stage, i.e, like framing of relevant rules, obtaining of options from the employees, verification of service records, finalising pay package of employees in consultation with the Trade Unions, getting vigilance clearance, issuance of Presidential Orders, etc. ... The absorption process of external candidates i.e, deputationists was initiated by seeking willingness from the external candidates, after getting approval from the competent authority in terms of the policy decision taken in ....
2017 0 Supreme(AP) 155 • India - Andhra Pradesh
SANJAY KUMAR, N.BALAYOGI
Service Law—Repatriation—Power of Government to transfer them to Zone-VI in exercise of power under Para 5(2)(c) of Presidential ... of whether persons working in different zones in erstwhile combined State of Andhra Pradesh were rightly appointed in terms of Presidential ... Stating so, the Division Bench went on to deal with the merits of the matter and held that that transfer of all persons covered by various G.O.s received the seal of approval from this Court as the Government had not chosen to brand any of the appointments made in de....
2019 0 Supreme(Del) 2204 • India - Delhi
VIPIN SANGHI, A.K.CHAWLA
The Supreme Court took note of the Parliamentary approval granted to the Ordinance with the enactment of the Central Vigilance Act, 2003, which received Presidential assent on 11.09.2003. In paragraph 19 of this decision the Supreme Court, inter alia, observed: "19. ... It took note of the fact that on the basis of the judgement in Vineet Narain (supra), the Union of India had promulgated an Ordinance, which prescribed the process of selection to the post of Director, CBI. ... The Supreme Court held that on the promulgation of the Ordinan....
2022 0 Supreme(Cal) 382 • India - Calcutta
SUBRATA TALUKDAR, LAPITA BANERJI
Residential Status - ASHA Karmee - The court directed the processing of the appellant's application and approval of her candidature ... It directed the processing of the appellant's application and approval of her candidature as an ASHA Karmee. ... Final Decision: The court allowed the appeal and directed the processing of the appellant's application and approval of her ... During the hearing of the instant appeal being FMA No. 1635 of 2018 this court by its order dated June 20, 2022 directed the District Magistrate, Mu....
2023 0 Supreme(Kar) 125 • India - Karnataka
B. VEERAPPA, K. S. HEMALEKHA
audit - Petitioner seeking to struck down establishment of Circuit Benches and converting them into Permanent Bench by order and Presidential ... It is further stated that the Cabinet in its meeting dated 4.6.2013 approved the establishment of permanent Benches of the Karnataka High Court at Dharwad and Gulbarga and accordingly presidential order was issued after approval of the Cabinet. ... However, we cannot countenance an argument that the process to create a Permanent or a Circuit Bench at Madurai could not have been....
2012 0 Supreme(Del) 3188 • India - Delhi
SANJAY KISHAN KAUL, VIPIN SANGHI
The State in its decision-making process must not commit any misdirection in law. ... on 05.03.2011 in token of grant of approval to the proposal for issuance of notification under Section 6 of the Act without disclosing any consideration or reasons therefor. ... As and when a person aggrieved questions the decision-making process, the court in order to satisfy itself as to whether one or more grounds for judicial review exist, may call for the records whereupon such records must be produced. ... But when the decision-making pro....
• India - Delhi High Court
V.KAMESWAR RAO
41) ... ... (B) Retention of Government Accommodation - Retention of accommodation for educational purposes is subject to approval ... Reference is made by the petitioner in the writ petition to a Circular issued by the Railway Board bearing no. 2017/Trans Cell/Process Reform/Estt., dated December 29, 2017. ... The order also stated that a process has been initiated for recovery of Rs.2500/- damage rent per day, for each day beyond the authorised period, as per IRCON Rules. ... He further contended that the provision of retention on th....
2025 0 Supreme(Telangana) 209 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY
- Authorities must not deviate from sanctioned plans without following due process. ... (Paras 1, 22, 24) ... ... (B) Development regulations - Approval of layouts ... They alleged illegalities in the revision process leading to deprivation of community amenities. ... It is contended that there is no illegality or procedural irregularity in the approval process. Respondent No.2 also submits that the writ petitions are liable to be dismissed on the ground of inordinate delay and laches, as the challeng....
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