Admin Law

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LIMITS ON EXCESSIVE DELEGATED LEGISLATION MYTH OR REALITY INTRODUCTION Delegated Legislation, as the name itself suggests, means the delegation of the power of law making by the legislature to the other organs of the government. In India, there is separation of powers between the organs of the government but this separation is not in water tight compartments. Delegated Legislation in India is seen when the legislature, delegates some of the law making powers to the executive. The aim of the doctrine of separation of powers is to guard against tyrannical and arbitrary powers of the State. The rationale behind the doctrine is that, if all power is concentrated in one and the same organ, it would give rise to the danger that it may enact…show more content…
Another important case is the case of, “Jatindra Nath Gupta v. Province of Bihar”. This case is important because it created the confusion about the extent of the delegation of legislative power. The confusion was so great that the president of India sought the opinion of the Supreme Court of India under Article 143 of the Constitution. In the case of Jatindra Nath, the issue that was raised was that whether the provincial government was authorised to extend the provisions of a Bihar Maintenance of Public Order Act by One year. The court in its majority opinion said that the function was an essential legislative function and thus it cannot be delegated to the executive. However one of the Judges gave a dissenting opinion, and said that the principle of extension of the act cannot be taken to equate as re enactment and as such, it merely accepted the extension period, which was contemplated by the legislature itself. Interestingly in the case of, “Sardar Inder Singh v. State of Rajasthan” the court upheld a opinion which was similar to the minority opinion of the Jitendra Nath Case. The Constitution of India didn’t provide a clear guidance on the point because there is no express provision in the constitution which would expressly prohibit or permit the delegation of legislative powers to the executive. The Supreme Court in the case
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