left to the State Legislature and the State Government, there is complete abdication of its legislative function in regard to levy of tax on inter ... which is an essential legislative function, the Parliament has effaced itself and abdicated in favour of the State Legislature. The rate of tax in respect
inserted proviso to Rule 17 of the Rules of 1959 amounts to abdication of essential legislative function. It is submitted that this arms the State ... Constitution of India. Learned Counsel submitted that this amounts to abdication of the essential legislative function. In support thereof, learned Counsel has invited our attention
essential article and it is invalid to that extent as amounting to abdication of legislative functions by the legislature.
2. Section 3 of the impugned ... also amounts to complete abdication of function by the legislature in respect of all- matters connected with essential articles and is therefore invalid.
3. Section
duty to be levied, the State Legislator has become guilty of abdicating its legislative power.
7. Rule 42 of the Tamil Nadu Distillery Rules ... accordance with the provisions of the Indian Tariff Act. There is no abdication of the legislative powers by adopting the rate which is properly applicable
power of legislation. The British Parliament can efface itself or even abdicate because it has a power to pass the next day a law repealing ... make laws under the Canadian Constitution. He observed that Parliament cannot indeed abdicate its function but within reasonable limits at any rate it can delegate
This provision, it was
contended, was ultra vires because there was an abdication of
essential legislative functions by the Legislature with respect to the
imposition
This provision, it was
contended, was ultra vires because there was an abdication of
essential legislative functions by the Legislature with respect to the
imposition
This provision, it was
contended, was ultra vires because there was an abdication of
essential legislative functions by the Legislature with respect to the
imposition
with ability and skill, that Section 3 is a case of total abdication of the Pondicherry Legislature of its legislative power to tax by setting ... other tax as aforesaid was unconstitutional in that the Legislature had completely abdicated its functions and had delegated essential legislative power to the Municipality
full and effective exercise of its
power of legislation. (3) It cannot abdicate its legislative
functions, and therefore while entrusting power to an outside agency ... should not cross the line beyond which delegation amounts
to "abdication and self-effacement. (as observed by
Fazal Ali, J. as he then
