Court : Guwahati
..... punjab, air 1974 sc 2192, the following relevant propositions emerge:(1) our constitution embodies parliamentary or cabinet form of government on the british model for the union as well as for the states; (2) the fundamental principles of english constitutional law that the sovereign does not act on its own responsibility but on the advice of the ministers who accept responsibility and command the confidence of the house of commons, have been embodied in our constitution. ..... except insofar as the governor is by or under the constitution required to exercise his function in his discretion; if any question arises as to whether any matter is not a matter in respect of which a governor is by or under the constitution required to act in his discretion, the decision of the governor in his discretion shall be final and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have ..... ministry still retains the confidence of the house of commons, but the crown has reason to believe that the house no longer represents the sense of the electorate, the dismissal of the ministry or the dissolution of parliament, would be constitutional........ ..... without being dogmatic or exhaustive, these situations relate to (a) thechoice of prime minister (chief minister), restricted though the choice is by the paramount consideration that he should command a majority in the house, (b) the dismissal of a government, (c) the dissolution of the house. .....
Tag this Judgment!Court : Guwahati
..... of assam, education department, conveyed the constitution of the special body for dibru college by the governor in exercise of the powers conferred under rules 2 and 3 of the rules, 1976 and further conveyed about the dissolution of the then existing special body of the college constituted vide notification no. ..... the word 'govern' as per the webster' encyclopedic unabridged dictionary of the english language, when used as verb transitive, means -- ' 1. ..... under the scheme of the act, 1965, subject to the provisions of the act, 1965 and with the approval of the court, the executive council of the university is authoritised to make statute for the purpose of carrying out the provisions of the act, 1965 in respect of matter which are required to be or might be provided by the statute ..... an administrative decision of the authority can no doubt be flawed but only when it acts illegally or without jurisdiction. ..... by the first proviso to sub-section (2) of section 22 of the dibrugarh university act, 1965, the management of the degree colleges and halls and the service conditions of its employees pertaining to the government colleges and the government aided colleges are excluded from the areas mentioned in sub-sections (1) and (2) of section 32 of the act. ..... similar provision is also discernible in proviso one to clause (g) of section 21 of the gauhati univeristy act, 1947. ..... college-in-question is under the dibrugarh university, established and constituted under the dibrugarh university act, 1965. .....
Tag this Judgment!Court : Guwahati
..... to above, the extent of power of judicial review of the decision of the governor rendered in exercise of his discretionary powers under para 2(6a) read with para-20-ba make it clear that the governor is to act in his sole discretion and the decision taken by the governor is subject to judicial review only for ascertaining as to whether the governor has applied his mind to the factors having some nexus to the issue ..... referred to the provisions of section 20ba in order to show that the governor while exercising the powers under the first two proviso to para-2(6a) is required to act in his sole discretion and, therefore, any decision taken by the governor in exercise of discretionary powers based on subjective satisfaction is beyond the scope of judicial ..... that while both classes of areas are excluded from the competence of provincial and federal legislature, the administration of 'excluded area' is vested with the governor acting in his discretion, while the 'partially excluded area' is vested in the council of ministers subject, however, to the governor exercising his individual judgment. ..... reference to the dictionary to find out the true meaning of a word not defined in the act is permissible only in the context in which the word has been used in the statute. ..... dissolved shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the house. ..... dictionary of english (1998), .....
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