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HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH
(Project towards partial fulfilment of the assessment in the subject of Administrative Law)
Submitted by: Submitted to:
Vaibhav Singh, Mr. I.P. Massey
Roll no. 781 Faculty of Law
Semester VI
National Law University, Jodhpur
Winter Session
(January-May 2013)
TABLE OF CONTENTS
TABLE OF CONTENTS 2
TABLE OF CASES i
i
1. INTRODUCTION 1
1.1 Research Methodology 2
1.2 Research Plan 2
2. RULES AGAINST LEGISLATIVE DELEGATION : WHAT CAN BE DELEGATED AND WHAT CANNOT BE DELEGATED? 3
2.1 What Can Be Delegated? :Power To Legislate Includes Power To Delegate Non-Essential Functions 3
Delegation Of Powers To Make Modifications And Alterations 3 Repeal of Law 3
2.2. Powers Which Cannot Be Delegated 4 Taxation 4 Penal Law 4 Retrospectivity Of Rules 4
3. HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH 4
3.1 Facts Of The Case 5
3.2 Issues Before The Court 5
3.3 Arguments Advanced 5
3.4 Judgment 6
4. SUBSEQUENT CASES AND CHANGE IN POSITION OF LAW 8
5. CONCLUSION 10
BIBLIOGRAPHY 12
TABLE OF CASES
Arnold V. State Of Maharashtra 10
Bhatnagar And Co. Ltd. V. Union Of India 10
In re Delhi Laws 3, 7, 9
Dwarka Prasad V. State Of U.P 7
Hamdard Dawakhana V. Union Of India 10
Harishankar Bagla V. State Of M.P 11
Harishankar Bagla V. State Of Madhya Pradesh 5
Makhan Singh V. State Of Punjab 9
Panama Refining Co. V. Ryan, O 1
Raj Narain Singh V. Patna Administraion 9
Schechter V. United States 8
Shamrao V. U.T. Of Pondicherry 10, 12
1. INTRODUCTION One of the most significant developments of the present century is growth in the legislative powers of the executive. Though, as per the constitutional theory, law making power essentially belongs to the legislature but, with the growth of the functions of the State and the consequent growth in the number of laws enacted per year, a
(Project towards partial fulfilment of the assessment in the subject of Administrative Law)
Submitted by: Submitted to:
Vaibhav Singh, Mr. I.P. Massey
Roll no. 781 Faculty of Law
Semester VI
National Law University, Jodhpur
Winter Session
(January-May 2013)
TABLE OF CONTENTS
TABLE OF CONTENTS 2
TABLE OF CASES i
i
1. INTRODUCTION 1
1.1 Research Methodology 2
1.2 Research Plan 2
2. RULES AGAINST LEGISLATIVE DELEGATION : WHAT CAN BE DELEGATED AND WHAT CANNOT BE DELEGATED? 3
2.1 What Can Be Delegated? :Power To Legislate Includes Power To Delegate Non-Essential Functions 3
Delegation Of Powers To Make Modifications And Alterations 3 Repeal of Law 3
2.2. Powers Which Cannot Be Delegated 4 Taxation 4 Penal Law 4 Retrospectivity Of Rules 4
3. HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH 4
3.1 Facts Of The Case 5
3.2 Issues Before The Court 5
3.3 Arguments Advanced 5
3.4 Judgment 6
4. SUBSEQUENT CASES AND CHANGE IN POSITION OF LAW 8
5. CONCLUSION 10
BIBLIOGRAPHY 12
TABLE OF CASES
Arnold V. State Of Maharashtra 10
Bhatnagar And Co. Ltd. V. Union Of India 10
In re Delhi Laws 3, 7, 9
Dwarka Prasad V. State Of U.P 7
Hamdard Dawakhana V. Union Of India 10
Harishankar Bagla V. State Of M.P 11
Harishankar Bagla V. State Of Madhya Pradesh 5
Makhan Singh V. State Of Punjab 9
Panama Refining Co. V. Ryan, O 1
Raj Narain Singh V. Patna Administraion 9
Schechter V. United States 8
Shamrao V. U.T. Of Pondicherry 10, 12
1. INTRODUCTION One of the most significant developments of the present century is growth in the legislative powers of the executive. Though, as per the constitutional theory, law making power essentially belongs to the legislature but, with the growth of the functions of the State and the consequent growth in the number of laws enacted per year, a
Bibliography: S.P. Sathe, “Administrative Law”, 7th ed. 2004, Eastern Book Co., Lucknow . I.P. Massy, “Administrative Law”, 6th ed. 2005, Eastern Book Company, Lucknow. M.P. Jain and S.N. Jain, “ Principles Of Administrative Law”, 4th ed. ,(Repr.), 2003, Wadhwa Book Co., Kanpur. M.C.J. Kagzi, “The Indian Administrative Law”, 6th ed. 2002, Asia Law House, New Delhi.