AIR 1968 PUNJAB AND HARYANA 178

Punjab And Haryana High Court

Hon'ble Judge(s): Shamsher Bahadur, R. S. Narula , JJ

(A) Constitution of India , Art.166— Scope - Non-compliance with some provisions of Article - Effect - Use of expression 'Government of Punjab' instead of 'Governor of Punjab' in order under Art.166 - Order whether in compliance with Art.166(1). It is by now settled :- (1) That the provisions of Art. 166 of the Constitution of India are directory and not mandatory. They are merely enabling provisions. (2) That clauses (1), (2) and (3) of Article 166 have to be read together. Clause (1) should not be read divorced from clause (2) as an independent provision. The requirements of clause (2) have to be fulfilled in accordance with the rules of business framed under clause (3). (3) When an order or instrument containing or referring to an executive action of the Government of a State complies with the requirements of clauses (1) and (2) of Art. 166. It would be immune from attack in Court of law on the ground that the order or the instrument had not, in fact, been made or executed by the Governor of the State. (4) That non-compliance with the provisions of either or both of the first two clauses of Art. 166 of the Constitution would @page-PunjHar179 only result in the order losing the protection contained in clause (2) which it would have enjoyed if the order had been expres....