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
less"
after the end of the three clauses, is in abdication of the
power given to the Central Government under Section 58(1)
which ... like
that, it has, instead of fixing such weight itself, has
either abdicated or delegated the power in favour of the
manufacturer. The Notification
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
items of the relevant legislative
list. Negatively, this means that Parliament cannot
abdicate its functions. This was the Position under the
various Government of India ... power conferred by the
legislative entry cannot override the constitutional
limitations against abdication of legislative authority.
The expression "power" therefore does not include
This interpretation saves the Act from the vice
of abdication of essential legislative function by the
Legistature.
The preamble
formulation
as a rule of conduct. Obviously the legislature cannot
abdicate its functions in favour of another. But in view of
the multifarious activities ... that maximum. But under s. 6(2) the legislature in clearest
terms abdicated its essential functions in favour of the
executive authority without laying down
