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CHAPTER XXI
MISCELLANEOUS
Not subject
to direction or
control.
267. No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other person or
authority, in the exercise of any functions under this Constitution, shall be
construed as precluding a court of law from exercising jurisdiction in
relation to any question whether that person or authority has exercised
those functions in accordance with this Constitution or any other law.
268. Where this Constitution vests in any person or authority the
power to appoint any person to act in or to exercise the functions of any
office if the holder thereof is himself unable to exercise those functions,
no such appointment shall be called in question on the ground that the
holder of the office was not unable to exercise those functions.
269. (1) For the purposes of this Constitution, a person shall
not be regarded as holding an office by reason only of the fact that he is
in receipt of a pension or other like allowance.
(2) In this Constitution, unless the context otherwise
requires, a reference to the holder of an office by the term designating his
office shall be construed as including, to the extent of his authority, a
reference to any person for the time being authorised to exercise the
functions of that office.
(3) Except in the case where this Constitution provides
for the holder of any office thereunder to be such person holding or
acting in any other office as may for the time being be designated in that
behalf by some other specified person or authority, no person may,
without his consent, be nominated for election to any such office or be
appointed to hold same or to act therein or otherwise be selected therefor.
When
appointment not
to be called in
question.
Holding an
office.
Retirement
from office.
270. (1) References in this Constitution to the power to
remove a public officer from his office shall be construed as including
references to any power conferred by any law to require or permit that
officer to retire from the public service.
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