Dl Flashcards
What are the adv of DL
- Technical complexities, all eventualities
- Executive time for experiment
- Principle of subsidiarity - ground reality
- Emergencies
- Dynamism
- Conditional legislation - verify the conditions
Diadv of DL
- No parliamentary deliberation
- Lack of prior publicity - hills pubshileshed
- No publicity, reach to citizens - buried in bureaucratic files
- Possibilities of overrrlap and overreach
- Confusion - difficult , different in different states
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
- Doctrine of SOP is not part of Indian constn strictly speaking
- Power of delegation is ancillary to power of legislation
- But parliament cannot deface itself by creating a parallel law making body
- Limitation is - legislature cannot part with its ESSENTIAL LEGISLATIVE POWER. ELP is laying down policy and enacting that policy into binding rule of conduct.
After RE: Delhi laws case essential question in every case was what is the essential legislative functions
List of what can be delegated - 8
- Commencement of statue ( consumer protection act )
- Inclusion- some part of country
- Exclusion of person or establishment ex: payment of bonus act
- Modification
- Application of existing laws in one part of the country to another
- Supply details - rules and regulation ex: all india service act
- Prescribing penalty - electricity act 1910
- Modify certain provisions if it’s genuinely difficult ( ex: gammon india ltd vs UOI )
Functions which cannot be delegated - 8
- Essential legislative functions
- Power to repeal ( re: Delhi laws )
- Unlimited power to modify
- Retrospective application of law
- Unlimited power to exempt
- Impose tax
- Ousting court jurisdiction
- Act or omission - an offence
Theory of policy and guidelines
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