delegate non-essential legislative functions. It is, therefore, necessary to draw a line of demarcation between essential and non-essential legislative functions. The legislature ... legislature cannot abdicate essential legislative functions in favour of another authority.
(3) The essential, legislative function consists of the determination of the legislative policy
Sections 9, 10 and 11 of the Act is that the essential legislative functions have been illegally delegated to the other authorities. While enacting Sections ... legislative function to the delegatee the statute would be liable to be struck down as suffering from the vice of delegation of essential legislative functions
executive authority, but not what are commonly known as essential legislative functions. It has been urged that "duration" of an Act can hardly ... period fixed in the Act itself is one of the essential legislative functions of a Legislature. It cannot, therefore be delegated by the Legislature
ground that they suffer from the vice of delegation of essential
legislative functions which consists of determination or choosing of
legislative policy and of formally ... vague
delegation cannot be said to be within the ambit of essential legislative
functions. He would point out that even for setting up a Maintenance
gram is a legislative function. As stated on
several occasions by this Court an essential legislative
function consists in the determination of the legislative
policy ... constituent element of the legislative power,
it is well settled that the legislature cannot
delegate its essential legislative functions
in any case and before
essential
feature cannot be enunciated in general terms but it is
clear that modification cannot include a change of policy.
Essential legislative function consists ... that essential legislative functions cannot be
delegated and at pages 982 to 984 he indicated what he
meant:
,,The essential legislative function consists
been relied
upon to reinforce that a piece of 'subordinate legislation' can be
tested on the question of 'unreasonableness', namely, that ... into
question the validity of provisions of subordinate legislation. It
was held that the essential legislative function consisting
determination of the legislative policy cannot
Sethia Properties, A Dissolved Firm vs T.R. Bhavnani And Ors. on 25 May, 1960
rules made thereunder" was within legislative competence and did not amount to abdication of essential legislative functions. A bye-law on the other hand ... interpretative process of what is essential legislative function. The doctrine of abdication of essential legislative function was neither considered or answered. That issue was also
imposition of penalty and thereby the Parliament has abdicated its essential legislative function.
In the alternative, it was urged that the Act must be deemed ... future laws passed by another legislature is a clear abdication of essential legislative function and therefore Sections 8 and 9 are void. In support
