A. SANJEEVI NAIDU ETC. ETC. vs STATE OF MADRAS AND ANR. Supreme Court, 05-02-1970

CourtSupreme Court (India)
JudgeHEGDE,K.S.
Parties A. SANJEEVI NAIDU ETC. ETC.STATE OF MADRAS AND ANR.
Date05 February 1970
Docket NumberAppeal Civil 397 of 1969
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 9
PETITIONER:
A. SANJEEVI NAIDU ETC. ETC.
Vs.
RESPONDENT:
STATE OF MADRAS AND ANR.
DATE OF JUDGMENT:
05/02/1970
BENCH:
HEGDE, K.S.
BENCH:
HEGDE, K.S.
HIDAYATULLAH, M. (CJ)
SHAH, J.C.
GROVER, A.N.
RAY, A.N.
DUA, I.D.
CITATION:
1970 AIR 1102 1970 SCR (3) 505
1970 SCC (1) 404
CITATOR INFO :
RF 1971 SC1002 (5)
E 1973 SC 974 (2)
RF 1973 SC1461 (223)
R 1974 SC2192 (33,34,47,131)
R 1978 SC 68 (133,146,173,211)
RF 1982 SC 149 (709)
RF 1987 SC2106 (6)
ACT:
Motor Vehicles Act 4 of 1939, s. 68(c)-Validity of scheme
framed upon formation of requisite opinion by Secretary and
not Minister. Rule 23-A authorising Secretary-Validity of-
Constitution of India, Art. 166(3)-Scope of.
HEADNOTE:
A draft scheme for the nationalisation of certain transport
routes was prepared and published by the respondent State
Government under Section 68(C) of the Motor Vehicles Act 4
of 1939. The validity of the scheme was challenged by the
appellants, who were private stage carriage operators, in a
petition under Article 226 of the Constitution but the peti-
tion was dismissed by the High Court.
In appeal to this Court the validity of the scheme was
mainly challenged on the ground that the opinion requisite
under Section 68(C) was not formed by the State Government
but by the Secretary to the Government acting pursuant to
powers conferred on him under Rule 23-A of the Madras
Government Business Rule. It was further contended that the
said rule was ultra vires, the provisions of the
Constitution; Parliament has conferred powers under Section,
68-C to a designated authority and that power can be
exercised only by the authority specified and no one else.
The authority concerned in the present case was the State
Government and it could not have delegated is statutory
’functions to any one else. By Government was meant the
Governor aided and advised by his Ministers. The requisite
opinion should therefore have been formed by the Minister to

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