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2. Act III however, stood on a different footing as it was an Act of the Indian Parliament of 1950. One had to try to discover from the Constitution itself what concept of legislative power Parliament had in mind while framing the Constitution. The learned Judge observed:

"Now in endeavoring to discover from the Constitution what the Constituent Assembly thought of this grave problem. I consider it proper to take the following matters into con- sideration. First, it has been acknowledged in all free countries that it is impossible to carry on the government of a modern State with its infinite complexities and ramifications without a large devolution of power and dele- gation of authority. It is needless to cite authority. The proposition is self-evident. Next, the practical application of that prin- ciple has been evident through the years both in India and in other parts of the British Empire and in England itself. In the third place, even in America, Judges have had to veer away from the rigidity of their earlier doctrine and devise ways and means for soften- ing its rigour and have not always been able, under a barrage of words, to disguise the fact that they are in truth and in fact effecting a departure because compelled to do by the force of circumstances."