question of excessive delegation,
the High Court held that s. 150 suffered from the vice of
excessive delegation of legislative power and was therefore
ultra ... afford the delegate proper guidance in
implementing the same. A statute challenged
on the ground of excessive delegation must
therefore be subjected to two tests
does not suffer from the vice of
excessive delegation; while the respondent contended that
(i) the levy was a fee in return for services ... standards laid down, the
legislation will suffer from the vice of excessive
delegation and would be void as arbitrary and
unconstitutional. The _Provisions
Legislature and hence that Section is void
for excessive delegation of legislative powers on
the State Government. In support of his contention,
reliance was placed ... notification before the State Legislature would not
cure the infirmity of excessive delegation. Learned
counsel also submitted that though the Land Reforms
Act was placed
piece of colourable
legislation vitiated in part by excessive delegation of
legislative power to the State. On behalf of the respondent
it was urged that ... Constitution and that there was no excessive delegation
of legislative power.
Held, that it was well settled that the heads of legislation
specified in Entry
order of detention was made suffered from the vice of
excessive delegation, was an independent plea not relatable
to the fundamental rights mentioned ... impugned Act
suffered from excessive delegation must fail. The
legislative policy was broad stated in the preamble and the
relevant provisions
Notification of Pondicherry Govt. extending amended
Madras Act to Pondicherry-If excessive delegation.
HEADNOTE:
The legislative assembly for the Union Territory of
Pondicherry passed ... retrospective operation of
the Amending Act , the effect of any excessive delegation
was, removed. [669 D-E; 670 D-E]
Deep Chand v. The State
Constitution of India-Articles 14, 265-Vice of
excessive delegation-Absence of guidelines-What can be
delegated-Imposing flat rate of taxation-Choice of
classification ... people and its
representative, the delegate may not be and this is why
excessive delegation have been frowned upon by
constitutional law. However, the complexities
implication for the
guidance of the delegate in that behalf.
Entrustment of power without guidance amounts
to excessive delegation of legislative
authority; (iv) Mere authority ... delegate of its authority. Shah and Vaidialingam JJ.
accordingly came to the conclusion that Section 150(1) was
void as it permitted excessive delegation
commissioners Act constituted excessive delegation of power
to the State Government and amounted to abdication of its
functions by the State Legislation and that ... considered to
be conferment of power of delegated legislation it suffers
from the vice of excessive delegation inasmuch as it gives a
power
piece of 'delegated legislation and it should not suffer
from the vice of excessive delegation. No exception can be
taken to this submission ... transgression of permissible
limits of delegated legislation by the delegate, made the
challenge on the, ground of excessive delegation
unsustainable. In view of this settled
