Gwalior Rayon Silk Mfg. v. The Asst. Commissioner of Sales, AIR 1974 SC 1660
TABLE OF CONTENTS
1) INTRODUCTION…………………………………………………… 2
2) BRIEF HISTORY OF THE CASE…………………………………... 3
3) ISSUES INVOLVED……………………………………………….... 4
4) LAWS APPLICABLE………………………………………………...4
5) ANALYSIS AND APPLICATION OF LAWS TO THE CASE……..5
6) MAJORITY AND MINORITY JUDGEMENTS……………………10
7) CONSTITUTIONAL VALIDITY OF DELEGATED LEGISLATION-in the light of Re Delhi Laws Act, 1951……………………………….11
8) SEPERATION OF POWERS AND ITS RELEVANCE……………..13
9) SOCIAL CONTRACT THEORY AND ITS APPLICATION…….....14
10) RULE OF LAW…………………………………………….....15
11) CONCLUSION………………………………………………..16
12)
INTRODUCTION
In all democratic countries, an important segment of administrative process is delegated legislation. The great increase in delegated legislation in modern times is due to several factors.1 Though law-making is the primary function of legislature, yet in no country does the legislature monopolise the entire legislative power. It shares the same with executive. No statute has been passed today by a legislature which does not confer some legislative power on the Administration.
It is true that delegated legislation is a common phenomenon in almost all the countries of the world, but the extent to which such power of law making can be delegated is a question of concern. As the Committee on Ministers Powers recommended that the enabling or skeletal legislation which contains only basic principles and which leaves the details to be provided by delegated legislation, should be exceptional. Under those circumstances, where it becomes extremely inevitable to delegate, the methods for its control should also be provided so as to prevent the delegated authorities from abusing the law making power or from exceeding the limits provided by the enabling legislation. Usurping the role of the legislators cannot be permitted as there can be no parallel law making body to that of the Parliament or of the State Legislatures. Thus, an important issue arises as to where the
1) INTRODUCTION…………………………………………………… 2
2) BRIEF HISTORY OF THE CASE…………………………………... 3
3) ISSUES INVOLVED……………………………………………….... 4
4) LAWS APPLICABLE………………………………………………...4
5) ANALYSIS AND APPLICATION OF LAWS TO THE CASE……..5
6) MAJORITY AND MINORITY JUDGEMENTS……………………10
7) CONSTITUTIONAL VALIDITY OF DELEGATED LEGISLATION-in the light of Re Delhi Laws Act, 1951……………………………….11
8) SEPERATION OF POWERS AND ITS RELEVANCE……………..13
9) SOCIAL CONTRACT THEORY AND ITS APPLICATION…….....14
10) RULE OF LAW…………………………………………….....15
11) CONCLUSION………………………………………………..16
12)
INTRODUCTION
In all democratic countries, an important segment of administrative process is delegated legislation. The great increase in delegated legislation in modern times is due to several factors.1 Though law-making is the primary function of legislature, yet in no country does the legislature monopolise the entire legislative power. It shares the same with executive. No statute has been passed today by a legislature which does not confer some legislative power on the Administration.
It is true that delegated legislation is a common phenomenon in almost all the countries of the world, but the extent to which such power of law making can be delegated is a question of concern. As the Committee on Ministers Powers recommended that the enabling or skeletal legislation which contains only basic principles and which leaves the details to be provided by delegated legislation, should be exceptional. Under those circumstances, where it becomes extremely inevitable to delegate, the methods for its control should also be provided so as to prevent the delegated authorities from abusing the law making power or from exceeding the limits provided by the enabling legislation. Usurping the role of the legislators cannot be permitted as there can be no parallel law making body to that of the Parliament or of the State Legislatures. Thus, an important issue arises as to where the