still-born legislation by
reason of the Pondicherry legislature having abdicated its
legislative function in favour of the Madras State
Legislature, that such abdication resulted ... Central Acts inasmuch as to that
extent the Central legislature had abdicated its function
and delegated it to the executive government and Mahajan J.
holding
appropriate State had
not laid down any legislative policy and thus abdicated its
legislative function. The High Court answered this question
in the live ... whole or in part. In other words, the legislature should
not abdicate its essential function. [904 C]
Devi Das Gopal Krshan v. State of Punjab
executive authority to such an
extent as to amount to an abdication of its legislative
function; that by enacting s. 87 , Parliament instead of
legislating ... delega-
tion by Parliament to executive amounting in effect, to the
total abdication of its legislative powers in regard to
Chandigarh.
It was further contended
Merwara
respectively inasmuch as to that extent the Central Legisla-
ture has abdicated its functions and delegated them to the
executive government. MAHAJAN ... different in
this respect. (ii)An "abdication" of its powers by a legis-
lature need not necessarily amount to complete effacement of
itself
legislation should apply is unexceptionable and cannot be
said to constitute an abdication of its legislative function
by Parliament. [585G-H; 586A]
Amended section ... other areas in the State, it is said, amounts to a complete
abdication of legislative Power by Parliament which is not
permissible under our Constitution
making must be performed by the legislature itself and the legislature cannot abdicate or efface itself. The legislature alone must perform the essential legislative function ... assented to, it becomes an Act. This procedure cannot be abdicated in favour of the Parliament or another legislative body or other authority
constitutional issue. The general rule is that the Legislature cannot surrender or abdicate its powers. A power not legislative in character could be delegated ... Nambiar contended that in enacting Sec. 11(1) the Legislature completely abdicated its functions, as it did not determine or lay down any policy
legislative functions only. It had been said that the Legislature could not abdicate its functions. The question was : what amounts to abdication? Two learned Judges ... Justice of India) and Das J., were clearly of the opinion that abdication merely meant creation of a parallel Legislature not subordinate to the Legislature
erstwhile Indian State of Morvi. On the 21st of January, 1948, he abdicated the gadi in favour of his son, H. H. Maharaja Mahendrasinhji. From ... could it be said to be in consideration of the father having abdicated the gadi in favour of his son. According to him, therefore
Additional Duties of Excise Act, it would be tantamount to abdication of legislative functions by the State Legislature, which would be in that case presumed ... Gujarat Act because there is legislation by incorporation, it would result in abdication of the legislative functions of the State Government since it would amount
