Supreme Court of India · 1982-03-29
DEVJI VALLABHBHAI TANDEL ETC vs THE ADMINISTRATOR OF GOA, DAMAN & DIU & ANR.
- Citation / case number
- SC 1981/63697
- Court
- Supreme Court of India
- Petitioner
- DEVJI VALLABHBHAI TANDEL ETC
- Respondent
- THE ADMINISTRATOR OF GOA, DAMAN & DIU & ANR.
- Author
- BAHARUL ISLAM
- Bench
- BAHARUL ISLAM
Judgment text excerpt
The Supreme Court held that the Administrator of the Union Territory of Goa is not strictly bound to act on the advice of the Council of Ministers when exercising executive functions under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court clarified that while the Administrator must express actions in his name, he retains discretion similar to that of a Governor, particularly in judicial or quasi-judicial matters. The petitions challenging the validity of the detention orders were dismissed, affirming the Administrator's authority to act independently in urgent situations as per the proviso to Section 44(1) of the Union Territories Act, 1963.