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Issues Involved:
1. Power of delegation by the legislature. 2. Validity of section 7 of the Delhi Laws Act, 1912. 3. Validity of section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947. 4. Validity of section 2 of the Part C States (Laws) Act, 1950. 5. Extent and limits of permissible delegation of legislative power. Issue-wise Detailed Analysis: 1. Power of Delegation by the Legislature: The primary contention revolves around whether a legislature can delegate its legislative powers to another authority. The learned Attorney-General argued that the legislature has plenary powers akin to the British Parliament, allowing it to delegate legislative functions extensively. However, the counter-argument, supported by various judicial precedents, is that while delegation is permissible, it cannot extend to the essential legislative functions, which must be performed by the legislature itself. The principle of non-delegation is rooted in the idea that legislative power involves the formulation of policy and rules, which cannot be abdicated to another body. 2. Validity of Section 7 of the Delhi Laws Act, 1912: Section 7 of the Delhi Laws Act, 1912, authorizes the Provincial Government to extend any enactment in force in any part of British India to the Province of Delhi with modifications. This provision was challenged on the grounds that it amounted to an excessive delegation of legislative power. The judgment highlights that while conditional legislation is permissible, where the legislature sets the policy and conditions, and the delegate only implements it, section 7 goes beyond this by allowing the Provincial Government to modify laws, which involves legislative discretion. Therefore, section 7 was held ultra vires to the extent that it permitted the executive to apply and modify laws made by other legislatures. 3. Validity of Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947: Section 2 of the Ajmer-Merwara Act, 1947, allows the Central Government to extend any enactment in force in any other province to Ajmer-Merwara with modifications. This was similarly challenged for delegating legislative power excessively. The judgment concluded that this provision also amounted to an abdication of legislative responsibility, as it allowed the executive to determine and modify the law applicable to Ajmer-Merwara, which is a legislative function. Thus, section 2 was held ultra vires in the same manner as section 7 of the Delhi Laws Act, 1912. 4. Validity of Section 2 of the Part C States (Laws) Act, 1950: Section 2 of the Part C States (Laws) Act, 1950, empowers the Central Government to extend any enactment in force in a Part A State to any Part C State with modifications and to repeal or amend any corresponding law. This provision was scrutinized for the same reasons as the previous two. The judgment held that while the extension of laws could be justified as conditional legislation, the power to modify and repeal laws went beyond permissible delegation. It allowed the executive to exercise legislative discretion, which is not permissible. Therefore, section 2 was held ultra vires to the extent it permitted modification and repeal of laws. 5. Extent and Limits of Permissible Delegation of Legislative Power: The judgment emphasizes that while delegation of legislative power is necessary for practical governance, it must be limited to ancillary functions. The essential legislative function, which includes the formulation of policy and enactment of laws, cannot be delegated. The legislature must provide clear guidelines and standards for the delegate to follow, ensuring that the delegate's role is limited to implementing the legislature's policy within defined limits. The principle is that the legislature cannot abdicate its primary responsibility and must retain control over the legislative process. In conclusion, the judgment clarifies that while delegation of legislative power is permissible, it must be within defined limits, ensuring that the essential legislative functions are performed by the legislature itself. The provisions in question were held ultra vires to the extent they allowed the executive to exercise legislative discretion, which is beyond permissible delegation.
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