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
were attacked are as follows:
(i) Section 17 amounted to an abdication of power by the Legislature and was, therefore, invalid.
(ii) Section ... British Parliament itself. It is true that the Legislature cannot abdicate its functions. But the provisions of Section 17 of the impugned Act cannot reasonably
purpose of the enactment and should not in other words abdicate or efface itself. This their Lordships laid down after a review of the authorities ... conferred in such a way as not to amount to an abdication of the Legislature itself, and also that uncontrolled and arbitrary and naked powers
power, so "uncanalised and uncontined" would not amount to "abdication and self-effacement" on the part of the legislature ... been discussed above, that no delegation of power which amounts to "abdication" total or partial, and to "self-effacement
Whole process of granting contracts to the private parties is after abdicating the sovereign function in favour of the private individuals. The sole purpose
thereto; this, in the opinion of the learned Magistrate, amounts to abdication by the legislature of its legislative function in favour of the State Government ... that decision and it was observed that though the Legislature cannot abdicate its essential legislative functions, it can pass what is called conditional legislation
preference to
imprisonment for, life. In his submission, this was a stark
abdication of essentials legislative function, and,
therefore, section 302-IPC is vitiated ... been reached at
which deference to the legislatures is
tantamount to abdication of our judicial roles
as factfinders, judges, and ultimate arbiters
of the constitution
clearly
showed that the Legislature in enacting s. 9(2) had not
abdicated its essential legislative function in favour of
the rule making authority. There
without enumerating
the relations or indicating some principles for ascertaining
the relations abdicated its legislative function and
delegated it to the State Government to prescribe ... State Government it
cannot be said that the Legislature had abdicated its
function. It has clearly laid down the policy and on the
basis
Atma Ram Budhia vs State Of Bihar on 8 May, 1952
Equivalent citations: AIR1952PAT359, AIR
