Facts of the Case
The Legislature enacted a statute dealing with a particular subject of public administration. One provision of the Act empowered the Government to amend the provisions of the Act itself by issuing notifications. Acting under this power, the Government modified certain substantive provisions of the parent Act. This delegation of power was challenged before the court on the ground that the Legislature had abdicated its essential legislative function and conferred uncontrolled and excessive delegation upon the Executive, thereby violating constitutional principles.
Issues in the Case
- Whether empowering the Government to amend provisions of the parent Act amounts to excessive delegation.
- Whether the Legislature can delegate its essential legislative functions.
- Whether such delegation violates Article 14 and constitutional scheme.
- Whether the impugned provision is ultra vires the Constitution.
Legal Principles Covered to Support Case Proceedings and Judgements
Under Indian constitutional law, the Legislature may delegate subordinate or ancillary powers, but it cannot delegate essential legislative functions, which include determination of legislative policy. This principle was laid down in In re Delhi Laws Act (1951), where the Supreme Court held that while conditional legislation is valid, delegation allowing amendment or repeal of the parent Act is unconstitutional unless confined to minor details.
In A.K. Roy v. Union of India (1982), the Court reiterated that excessive delegation occurs when there are no guiding principles or safeguards. Allowing the Executive to amend the Act itself amounts to abdication of legislative responsibility.
However, in limited cases, such power is upheld only when it relates to procedural or minor matters, not substantive rights. Otherwise, it violates the doctrine of separation of powers.
Possible Judgement
The court is likely to hold that the provision empowering the Government to amend the Act itself is invalid and unconstitutional, as it amounts to excessive delegation of legislative power. The Legislature cannot surrender its essential legislative function to the Executive. Consequently, the impugned provision would be struck down as ultra vires, and amendments made under such power would also be declared invalid. The challenge would therefore succeed.
Abou lawgnan
Questions on excessive delegation and delegated legislation are frequently asked in LLB and judiciary examinations. A clear understanding of essential legislative functions helps in writing strong problem-based answers. For more exam-ready Administrative Law notes, landmark case explanations, constitutional doctrines, and simplified legal content, visit lawgana.in. LawGana is specially designed for Indian law students preparing for LLB, judiciary, and competitive exams. Follow lawgana.in to strengthen your fundamentals and improve your legal answer-writing skills effectively.
