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    In Re Delhi Laws Act Case

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    Arpitha Anna Mathew
    The document discusses the constitutionality of delegated legislation in India. It analyzes several Supreme Court cases from the pre-constitutional era that established precedents on the extent of permissible legislative delegation. The key issues discussed are whether the power to extend and modify laws granted to executive authorities in certain Acts amounted to an unconstitutional delegation of essential legislative functions. The judges had varying views, with some asserting that reasonable delegation is allowed while true legislative functions cannot be abdicated, and others arguing delegation is permissible as long as it is ancillary to the exercise of legislative powers.

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    In Re Delhi Laws Act Case

    Uploaded by

    Arpitha Anna Mathew
    416 views11 pages
    The document discusses the constitutionality of delegated legislation in India. It analyzes several Supreme Court cases from the pre-constitutional era that established precedents on the extent of permissible legislative delegation. The key issues discussed are whether the power to extend and modify laws granted to executive authorities in certain Acts amounted to an unconstitutional delegation of essential legislative functions. The judges had varying views, with some asserting that reasonable delegation is allowed while true legislative functions cannot be abdicated, and others arguing delegation is permissible as long as it is ancillary to the exercise of legislative powers.

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    In Re Delhi Laws Act Case PPT

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    The document discusses the constitutionality of delegated legislation in India. It analyzes several Supreme Court cases from the pre-constitutional era that established precedents on the extent of permissible legislative delegation. The key issues discussed are whether the power to extend and modify laws granted to executive authorities in certain Acts amounted to an unconstitutional delegation of essential legislative functions. The judges had varying views, with some asserting that reasonable delegation is allowed while true legislative functions cannot be abdicated, and others arguing delegation is permissible as long as it is ancillary to the exercise of legislative powers.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    416 views11 pages

    In Re Delhi Laws Act Case

    Uploaded by

    Arpitha Anna Mathew
    The document discusses the constitutionality of delegated legislation in India. It analyzes several Supreme Court cases from the pre-constitutional era that established precedents on the extent of permissible legislative delegation. The key issues discussed are whether the power to extend and modify laws granted to executive authorities in certain Acts amounted to an unconstitutional delegation of essential legislative functions. The judges had varying views, with some asserting that reasonable delegation is allowed while true legislative functions cannot be abdicated, and others arguing delegation is permissible as long as it is ancillary to the exercise of legislative powers.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 11

    In re Delhi Laws Act

    With reference to the Constitutionality of


    Delegated Legislation

    Arpitha Anna Mathew


    5th Semester B.B.A LL.B.
    Section – B
    Christ Academy Institute of Law
    Queen v. Burah [1878 3 AC 889]

     Pre-constitutional era
     Act (No. XXII. of 1869) – Section 9
     The impugned Act gave certain powers to the Lt Governor
     Bring effect to the Act
     Determine what laws were to be applicable
     Extension of the application of the Act

     The act was enacted to remove Garo hills from the jurisdiction of civil and criminal courts
    and extend all or any provisions of the Act in Khasi, Jaintia and Naga Hills in Garo Hills.
    Issue: Whether the power of application and extension
    granted to the Lt. Governor is a delegatory power?

     “The Indian Legislature has powers expressly limited by the Act of the imperial Parliament which
    created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But
    when acting within those limits, it is not in any sense an agent or delegate of the imperial Parliament,
    but has, and was intended to have, plenary powers of legislation as large and of the same nature as
    those of Parliament itself.”

     This case shows that the Governor-General’s Legislative Council in India had wide powers to enact
    laws and to delegate powers to other Executive authorities so that the administration of new smaller
    areas could be easily done.
    Section 7, The Delhi Laws Section 2, Ajmer-Merwara Section 2 of the Part ‘C’
    Act, 1912 (Extension of Laws) Act, States (Laws) Act, 1950
    1947
    “Power to extend enactments to certain
    The Central Government may, "The Provincial Government Part ‘C’ States .—
    by notification in the official may, by notification in the The Central Government may, by
    official gazette, extend with notification in the Official Gazette, extend
    gazette, extend to the Province
    to any Part ‘C’ State (other than Coorg and
    such restrictions and the Andaman and Nicobar Islands) or to
    of Ajmer-Merwara with such
    modifications as it thinks fit to any part of such State, with such
    restrictions and modifications restrictions and modifications as it thinks
    the Province of Delhi or any
    as it thinks fit any enactment fit, any enactment which is in force in a
    part thereof, any enactment Part A State at the date of the notification
    which is in force in any other which is in force in any part of and provision may be made in any
    Province at the date of such enactment so extended for the repeal or
    British India at the date of such amendment of any corresponding law
    notification." notification." (other than a Central Act) which is for the
    time being applicable to that Part ‘C’
    State.”
    Issues

    The President - Article 143 of the Constitution referred the case to the SC

    Was Section 7 of the Delhi Was the Ajmer-Merwara Is section 2 of the Part C
    Laws Act, 1912, or any of (Extension of Laws) Act, States (Laws) Act, 1950, or
    the provisions thereof and 1947, or any of the any of the provisions thereof
    in what particular or provisions thereof and in and in what particular or
    particulars or to what extent what particular or particulars particulars or to what extent
    ultra vires the Legislature or to what extent ultra vires ultra vires the Parliament ?
    which passed the said Act ? the Legislature which passed
    the said Act ?
    View of the Counsels
    There exist separation of powers in the country and
    Power of delegation comes along with the power
    India follows delegates non potest delegare.
    of legislation and the same does not result in
    Therefore, there is an implied prohibition on
    abdication of the powers
    delegation of power

    Fazl Ali, J conclusions regarding the case was:


    i. The legislature must normally discharge its primary legislative function itself and not through
    others.
    ii. Is ancillary to and necessary for the full and effective exercise of its power of legislation.
    iii. It cannot abdicate its legislative functions, and does not become a parallel legislature.
    Power to Legislate includes power to delegate

    C.J Kania, Mahajan and Mukherjea J.J , Sastri and Das JJ,
    Bose J

     Constitution has never per se warranted  Based on the theory of parliamentary


    delegation powers at any stage sovereignty
     Conditionally legislate.  Power to make law comes along with
     Conditional legislation means delegating the power to delegate.
    such legislative powers to the executive
    which are necessary for the operation of
    law
    Limits of Delegation

     True and intrinsic legislative functions cannot be delegated


     Non-essential functions can be delegated
     J Mukhreaja – if the policy laid down in an Act is in broad terms, the formulation of the
    details of the policy can generally to be passed to the executive.
     Mahajan J - essential matters cannot be delegated by the legislature.
     Kania CJ - legislature cannot delegate to lay down policy underlying a rule of conduct.
     The question on amount of discretion exercisable by delegated authority cannot be defined.
    Delegated power to make alterations and
    changes

     Kania C.J and Mahajan J - only legislature has the authority to modify and alter the law in any
    substantive sense.
     Fazel Ali J - power to change necessary things is incidental to apply the law. If modifications are
    done within the framework and does not change the identity or structure no objection could be
    taken.
     Mukhreaja J - modification does not mean change of policy but it is confined to alterations
    which keeps the policy intact and introduces changes appropriate to suit the local conditions.
     The executive authority could be authorised to modify but not in essential and intrinsic sense.
    Delegated power to repeal law

    If any law exists and power is given to repeal or abrogate such laws either in whole or in part and

    substitute in place of the same other laws which are in force in other areas, it would certainly amount to

    an unwarrantable delegation of legislative powers.

    To repeal or abrogate an existing law is the exercise of an essential legislative power, and the policy

    behind such acts must be the policy of the legislature itself.


    THANK YOU

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