Administration

Administrative Lex, Constitutional law

Constitutional Validity of Service Exam Rules of Karnataka

Article 309 was central to the case because it empowers the State Government to frame rules regulating the recruitment and conditions of service for persons appointed to public services. The court referred to this provision to affirm that the government has the legal authority to unilaterally modify service conditions and prescribe departmental examinations as a prerequisite for promotion.

,

Constitutional Validity of Service Exam Rules of Karnataka Read Post »

Administrative Lex, Procedural Lex, Temple Lex

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2

The most critical point was the interpretation of Section 2(dc) of the Act. The court reasoned that the grade separator, which is an underpass set up to obviate traffic congestion and air pollution, constitutes a “facility for the public or a convenience for the public at large.” Since the statutory definition of “construction” in Section 2(dc) specifically excludes the provision of facilities of this nature for the public, the PMC’s work could not be regarded as prohibited construction under the Act.

, , , , ,

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2 Read Post »

Scroll to Top