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Issues Involved:
1. Validity of the notifications issued under sections 3(1)(f) and 5 of the Patna Administration Act, 1915. 2. Whether sections 3(1)(f) and 5 of the Patna Administration Act, 1915, are ultra vires. 3. The impact of the Delhi Laws Act case on the interpretation of delegated legislation. 4. The validity of the municipal taxes levied on the appellant and others in the Patna Village area. Detailed Analysis: 1. Validity of the Notifications Issued Under Sections 3(1)(f) and 5 of the Patna Administration Act, 1915 The appellant challenged the notifications issued under sections 3(1)(f) and 5 of the Patna Administration Act, 1915, claiming they constituted delegated legislation and were thus invalid. The High Court of Patna had granted leave to appeal under Article 132(1) of the Constitution, recognizing a substantial question of law relating to the interpretation of the Constitution. 2. Whether Sections 3(1)(f) and 5 of the Patna Administration Act, 1915, Are Ultra Vires The Court examined the vires of sections 3(1)(f) and 5 of the Patna Administration Act, 1915. Section 3(1)(f) empowered the Local Government to extend provisions of the Bengal Municipal Act of 1884 to Patna with such restrictions and modifications as deemed fit. Section 5 allowed the Local Government to cancel or modify any order under section 3. The appellant argued these sections permitted excessive delegation of legislative power. 3. The Impact of the Delhi Laws Act Case on the Interpretation of Delegated Legislation The Court referred extensively to the Delhi Laws Act case ([1951] S.C.R. 747), which dealt with the extent to which legislative powers could be delegated. The majority view in the Delhi Laws Act case was that an executive authority could be authorized to modify existing or future laws but not in any essential feature, particularly not altering legislative policy. The Court noted that modifications should not include changes in policy or essential features of the law. 4. The Validity of the Municipal Taxes Levied on the Appellant and Others in the Patna Village Area The appellant and others were subjected to municipal taxes following the inclusion of Patna Village within municipal limits through a notification dated 18th April 1951. The Court found that the Governor's action in subjecting the residents of Patna Village to municipal taxation without adhering to the formalities imposed by sections 4, 5, and 6 of the Bihar and Orissa Municipal Act of 1922 was invalid. These sections provided statutory guarantees for objections and hearings before imposing municipal control, which were essential features of the Act. Conclusion The Court held that: 1. Section 3(1)(f) of the Patna Administration Act, 1915, is intra vires, provided the terms "restriction" and "modification" are used in the restricted sense, not affecting essential features or policy. 2. The notification of 23rd April, 1951, was ultra vires as it effected a radical change in the policy of the Act by imposing municipal taxes without observing mandatory formalities. 3. The question of the vires of the notification of 25th April, 1931, and section 5 did not arise as they did not affect the appellant. The appeal was allowed, and the respondents were ordered to pay the appellant's costs in both the Supreme Court and the High Court.
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