Dl Flashcards

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1
Q

What are the adv of DL

A
  1. Technical complexities, all eventualities
  2. Executive time for experiment
  3. Principle of subsidiarity - ground reality
  4. Emergencies
  5. Dynamism
  6. Conditional legislation - verify the conditions
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2
Q

Diadv of DL

A
  1. No parliamentary deliberation
  2. Lack of prior publicity - hills pubshileshed
  3. No publicity, reach to citizens - buried in bureaucratic files
  4. Possibilities of overrrlap and overreach
  5. Confusion - difficult , different in different states
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3
Q

In Re: Delhi laws act case SC gave its stamp of approval forDL, and also gave permissible limits, called the Bible of DL , what are the 4 guidelines

A
  1. Doctrine of SOP is not part of Indian constn strictly speaking
  2. Power of delegation is ancillary to power of legislation
  3. But parliament cannot deface itself by creating a parallel law making body
  4. Limitation is - legislature cannot part with its ESSENTIAL LEGISLATIVE POWER. ELP is laying down policy and enacting that policy into binding rule of conduct.
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4
Q

After RE: Delhi laws case essential question in every case was what is the essential legislative functions

List of what can be delegated - 8

A
  1. Commencement of statue ( consumer protection act )
  2. Inclusion- some part of country
  3. Exclusion of person or establishment ex: payment of bonus act
  4. Modification
  5. Application of existing laws in one part of the country to another
  6. Supply details - rules and regulation ex: all india service act
  7. Prescribing penalty - electricity act 1910
  8. Modify certain provisions if it’s genuinely difficult ( ex: gammon india ltd vs UOI )
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5
Q

Functions which cannot be delegated - 8

A
  1. Essential legislative functions
  2. Power to repeal ( re: Delhi laws )
  3. Unlimited power to modify
  4. Retrospective application of law
  5. Unlimited power to exempt
  6. Impose tax
  7. Ousting court jurisdiction
  8. Act or omission - an offence
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6
Q

Theory of policy and guidelines

A

In re : Delhi laws case - policy of law, legal principles and standard guidelines - other wise excessive delegation

Uncanalised and uncontrolled power

In Gwalior rayon mills vs assistant commissioner of sales tax: justice K Mathews abdication test

But dissenting opinion led by justice khanna upheld theory of policy and guidelines

Can write the use of theory of excessive dl

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