ISSUE:
Does the State Government possess the authority under its executive power to prescribe textbooks for use in schools prior to the enactment of specific statutory provisions?
Is the prescription of textbooks by the State Government and the Board consistent with the principles of non-discrimination under Article 14 and the right to carry on trade or business under Article 19(1)(g) of the Constitution?
RULE:
Executive Power of the State (Article 162): The State Government can exercise executive power in matters where it has legislative competence, even in the absence of specific statutory provisions, provided such actions do not infringe upon the rights of individuals.
Principle of Ultra Vires: Statutory bodies, such as the Board of Secondary Education, can only exercise powers expressly conferred upon them by their enabling statute. Powers not explicitly granted or necessarily implied are deemed ultra vires and invalid.