Union Of India vs Elphinstone Spinning & Weaving Co. Ltd. ... on 10 January, 2001
In Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and
others [AIR 2001 SC 72 : (2001) 4 SCC 139], it was stated:
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1 - 2 of 2 (0.21 seconds)Kishan Prakash Sharma & Ors vs Union Of India & Ors on 19 March, 2001
"...The legislatures in India have been held to possess
wide power of legislation subject, however, to certain
limitations such as the legislature cannot delegate
essential legislative functions which consist in the
determination or choosing of the legislative policy and of
formally enacting that policy into a binding rule of
conduct. The legislature cannot delegate uncanalised and
uncontrolled power. The legislature must set the limits of
the power delegated by declaring the policy of the law
and by laying down standards for guidance of those on
whom the power to execute the law is conferred. Thus
the delegation is valid only when the legislative policy
and guidelines to implement it are adequately laid down
and the delegate is only empowered to carry out the
policy within the guidelines laid down by the legislature.
The legislature may, after laying down the legislative
policy, confer discretion on an administrative agency as
to the execution of the policy and leave it to the agency
to work out the details within the framework of the
policy. When the Constitution entrusts the duty of law-
making to Parliament and the legislatures of States, it
impliedly prohibits them to throw away that
responsibility on the shoulders of some other
authority"
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