Tuesday, September 7, 2010

Birth and Death of G.O

The State in exercise of its executive power is charged with the duty and the responsibility of carrying on the general administration of the State. So long as the State Government does not go against the provisions of the Constitution or any law, the width and amplitude of its executive power cannot be circumscribed. If there is no enactment covering a particular aspect, certainly the Government can carry on the administration of issuing administrative directions or instructions until the Legislature makes a law in that behalf. It is well settled principle as we find from Rai Sahib Ram Jawaya Kapur and Ors. v. State of Punjab and Bishamber Dayal Chandra Mohan etc. etc. v. State of U.P. and Ors. etc. etc. (Harish Tandon vs State Of U.P. and Anr 2006 (3) AWC 2829 D.B Para 38)







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