AIR 1964 SUPREME COURT 648

Supreme Court Of India

(From Gujarat: AIR 1963 Gujarat 80)

Hon'ble Judge(s): P. B. Gajendragadkar, K. Subba Rao, K. N. Wanchoo, J. C. Shah, Raghubar Dayal , JJJ

(A) Constitution of India , Art.258(1)— Scope - Provision enables President to entrust to States functions which are vested in Union and not those which are vested in him as President. Article 258(1) enables the President to entrust to the State the functions which are vested in the Union, and which are exercisable by the President on behalf of the Union; it does not authorise the President to entrust to any other person or body the powers and functions with which he is by the express provisions of the Constitution as President invested. The power to promulgate Ordinances under Art. 123, to suspend the provisions of Arts. 268 to 279 during an emergency, to declare failure of the Constitutional machinery in States under Art. 356, to declare a financial emergency under Art. 360, to make rules regulating the recruitment and conditions of service of persons appointed to posts and services in connection with the affairs of the Union under Article 309 - to enumerate a few out of the various powers - are not powers of the Union Government; these are @page-SC649 powers vested in the President by the Constitution and are incapable of being delegated or entrusted to any other body or authority under Art. 258(1). The plea that the very nature of these powers is such that they could not be intended to be entrusted under Art. 258(1) to the S....