Facts of the Case
The Legislature of the State of Andhra Pradesh enacted a statute delegating powers to the State Executive. The law allowed the Executive to modify provisions of the parent Act. It also permitted the Executive to repeal a corresponding law already in force. The Legislature did not prescribe clear limits or guiding principles for exercising this power. As a result, the delegation raised constitutional concerns. Critics argued that the Legislature transferred core legislative authority to the Executive, which questioned the validity of the statute under Indian constitutional law.
Issues in the Case
- Can the State Legislature delegate power to modify statutory provisions to the Executive?
- Does delegating the power to repeal an existing law amount to excessive delegation?
- Does such delegation violate the doctrine of separation of powers?
- Does the delegation include essential legislative functions?
Legal Principles Covered to Support Case Proceedings and Judgments
Indian jurisprudence permits delegated legislation within defined limits. The Legislature may delegate ancillary or procedural functions. However, it must retain essential legislative functions. These functions include framing legislative policy and repealing laws. Courts allow conditional legislation when the Legislature provides clear standards and guidance. The power to repeal a law forms a core legislative function. Delegating this power to the Executive undermines legislative supremacy. Judicial decisions consistently reject such excessive delegation without safeguards.
Possible Judgment
The court may uphold the delegation to modify provisions if the law provides clear guidance. However, the court is likely to strike down the delegation to repeal an existing law. Such delegation transfers an essential legislative function to the Executive. The court may sever the invalid portion and preserve the remaining provisions of the Act.
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