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february 1970

Supreme Court of India · 1970-02-05

A. SANJEEVI NAIDU ETC. ETC. vs STATE OF MADRAS AND ANR.

Citation / case number
SC 1969/60391
Court
Supreme Court of India
Petitioner
A. SANJEEVI NAIDU ETC. ETC.
Respondent
STATE OF MADRAS AND ANR.
Author
K.S. HEGDE
Bench
K.S. HEGDE

Judgment text excerpt

The Supreme Court upheld the validity of a transport scheme framed under Section 68(C) of the Motor Vehicles Act, 1939, which was challenged by private stage carriage operators. The Court ruled that the requisite opinion for the scheme was validly formed by the Secretary of the Transport Ministry under Rule 23-A of the Madras Government Business Rules, and that the delegation of functions was permissible under Article 166(3) of the Constitution. The Court clarified that the Governor, aided by the Council of Ministers, can allocate business and designate officials to perform statutory functions, thus affirming the legality of the scheme.

A. SANJEEVI NAIDU ETC. ETC. vs STATE OF MADRAS AND ANR. · Niyam