ISSUE:
Whether the President's notification entrusting functions to state officers remained effective after the reorganization of the Bombay state, particularly in relation to land acquisition for Union purposes in the newly formed State of Gujarat?
Whether the notification issued by the President comes within the purview of being a law under Section 87 read with Section 2(d) of the Bombay Reorganisation Act?
Whether the proceeding under Section 5A of the Land Acquisition Act, being quasi-judicial, allowed delegation of authority by the Commissioner and consideration of reports made by delegated officers?
Whether the Commissioner of the newly formed State of Gujarat had the power under the Land Acquisition Act in terms of the Presidential notification?
RULE:
Article 258(1) of the Constitution empowers the President to entrust executive functions of the Union to state officers with the consent of the concerned State government.
The entrustment of functions must be within the scope of executive power vested in the Union.
Functions thus entrusted effectively amend the relevant Act by substituting the words of the notification therein. The basic concept of law requires that orders must contain rules regulating conduct enforceable in a court of law. The notification itself does not affect an amendment of the law but acts as an executive order.