HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH
(Project towards partial fulfilment of the assessment in the subject of Administrative Law)
Mr. I.P. Massey
Roll no. 781
Faculty of Law
National Law University, Jodhpur
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CASES
1.1 Research Methodology
1.2 Research Plan
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
2.2. Powers Which Cannot Be Delegated
Retrospectivity Of Rules
3. HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH
3.1 Facts Of The Case
3.2 Issues Before The Court
3.3 Arguments Advanced
4. SUBSEQUENT CASES AND CHANGE IN POSITION OF LAW
TABLE OF CASES
Arnold V. State Of Maharashtra
Bhatnagar And Co. Ltd. V. Union Of India
In re Delhi Laws
3, 7, 9
Dwarka Prasad V. State Of U.P
Hamdard Dawakhana V. Union Of India
Harishankar Bagla V. State Of M.P
Harishankar Bagla V. State Of Madhya Pradesh
Makhan Singh V. State Of Punjab
Panama Refining Co. V. Ryan, O
Raj Narain Singh V. Patna Administraion
Schechter V. United States
Shamrao V. U.T. Of Pondicherry
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 large amount of time is given to the Government sponsored legislation. The legislature has to deal with important matters like foreign affairs, economic policy or development and cannot spare time for working out the details of the law it enacts. It lacks the expertise to deal with the technical matters laws might be concerned with. Such matters are filled in by the executive through what is called the delegated or the sub-ordinate legislation.1 But, the question arises where does one draw the line? What is permissible delegation and what is not permissible delegation? In order to examine that, it becomes essential to deal with the constitutionality of such delegation, which is defined as under. The term ‘constitutionality of administrative rule making means the permissible limits of the Constitution of any country within which the legislature, which as a sole repository of law making power , can validly delegate law making power to other administrative agencies.2 The position with respect to restraints on delegation of legislative power differs in different countries on the basis of distribution of powers that is, whether it is a unitary system or it is a federal structure. For instance, there prevails in Britain, parliamentary sovereignty which implies that Parliament has unlimited power to make any law, and that the Courts cannot question a parliamentary law on any ground, in other words, parliament can delegate any amount of legislative power to an administrative agency, though the position substantially differs in U.S.A. based on the doctrine of delegatus non potest delegare due to separation of powers.3 As it was illustrated in the case of Panama Refining Co. v. Ryan4, or popularly called the Hot Oil case, where the Congress authorised the President to ban the oil interstate commerce when produced in excess of the quota fixed by each state. The court held that, the Act was unconstitutional since the Congress did not declare no policy, established no...
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.
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