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Important Case Related To Administrative Law

The document discusses the limits of legislative power and delegated legislation in India. It outlines principles like legislative power not including unlimited delegation, essential legislative functions not being delegable, and delegated legislation needing to be consistent with the enabling act. It also lists grounds for challenging delegated legislation like being ultra vires the constitution or parent act.

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Rinoy Innocent
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68 views

Important Case Related To Administrative Law

The document discusses the limits of legislative power and delegated legislation in India. It outlines principles like legislative power not including unlimited delegation, essential legislative functions not being delegable, and delegated legislation needing to be consistent with the enabling act. It also lists grounds for challenging delegated legislation like being ultra vires the constitution or parent act.

Uploaded by

Rinoy Innocent
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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In 1531 the Statute of Sewers delegated powers to the Commissioners of Sewers.

Henry VIII's
Statue of Proclamations, 1539. Hot Oil Case. R v. Burah (1878) PC, Jatindra Nath Gupta v.
Province of Bihar, Lachmi Narain v. Union of India, AIR 1976 SC 714, Darshan Lal Mehra v.
Union of India, AIR 1992 SC 1848, Govind Lal v. AP.M. Committee, AIR 1976 SC 263.Sonik
Industries, Rajkot v. Municipal Corpn. of the City of Rajkot (1986) 2SCC 608: AIR 1986 SC
1518. Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149. 12. Raj Narain v.
Chairman, Patna Administration Committee, AIR 1954 SC 569.

In re Delhi Laws Act, AIR 1951 SC 332 Limits of DL


1. The legislatures in India, both before and after the 1. Legislative power does not include unlimited
Constitution, had plenary (absolute) power within power of delegation.
their respective fields. 2. Only such ancillary and subsidiary powers can
2. Indian Legislatures were never the delegates of be delegated which are necessary to make the law
British Parliament. effective. 3. The legislature cannot abdicate its law
3. Indian Legislatures had power to delegate within making function.
certain limits not by reason of such a power but 4. Essential characteristic of legislative power is to
because such power is recognized even in the United lay down policy and standard and this essential
States of America where separatist ideology prevails function cannot be delegated.
on the ground that it is necessary to effectively 5. Delegated legislation must be consistent with the
exercise the legislative power in a modern state with enabling Act. It cannot go beyond the policy of the
multifarious activities and complex problems facing Act.
legislature. 6. Restrictions and modifications permissible are
4. Delegation of an essential function amounts to those which do not change the policy of the Act.
abdication and it is not permissible. Only subsidiary (Rajnarain Singh v. Patna Administration
and ancillary power can be delegated. Committee, (1955) 1 SCR 290)
5. For practical working of the Constitution, it is 7. The power to repeal or abrogate an existing law
necessary that Parliament should have authority to is legislative power and it cannot be delegated.
delegate legislative powers. 8. Subordinate legislation, if validly made, has the
6. The Indian Constitution does not have the doctrine full force and effect of a statute. The regulations
of separation of powers. framed under the Act are of greatest importance.
7. Indian Parliament is subject to the sovereignty of Such rules are framed for the successful operation
the Constitution and cannot claim unlimited power of of the Act. Without proper regulations a statute will
delegation. often be worse than useless. (Chief Inspector of
Mines v. Karan Chand AIR 1961 SC 838)

The validity of delegated legislation may be questioned on the ground that-


1. It is ultra vires the Constitution;
2. It is ultra vires the parent Act,
3. It is contrary to the statutory provisions; other than those contained in the parent Act;
4. Law making power has been exercised in bad faith.
5. It is not reasonable and;
6. It goes against legislative policy, and does not fulfil the object and purpose of the enabling Act.

Hamdard Dawakhana (WAKF) LalKuan, Delhi v. Union of India, [SCR 1960 (2) 671]- Drugs and Magic
Remedies (Objectionable Advertisements) Act, 1954. Sardar Inder Singh v. The State Of Rajasthan 1957
AIR 510, 1957 SCR 605. Vivek Narayan Sharma v. Union Of India on 2 January, 2023

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