delegated legislation and is valid, and it can make no
difference in the character of a legislation as a
conditional one that the legislature, after ... judgment
has been to legislate conditionally as to all these things.
The conditions' having been fulfilled, the legislation is
now absolute. Where plenary powers
statute and in
the case of conditional legislation
the power of legislation is
exercised by the legislatiure
conditionally leaving to the
discretion of an external ... anexercise of the delegated
legislation. But when the
legislation is complete in itself
and the legislation has itself made
the law and the only function
SC1893 (14,27)
ACT:
Administrative law-Conditional legislation-Subordinate
legislation-Power to extend the area of Municipal Committee
whether subordinate legislation-Audi alteram partem-When ... that
judgment has been to legislate conditionally as to all
these things. The conditions having been fulfilled, the
legislation is now absolute. Where plenary powers
make laws relating to jurisdiction of courts--Delegation
of legislative powers--Conditional legislation- Government of
India Act, 1935 , Seventh Schedule, List I, items ... delegation of legislative
powers but was only an instance of conditional legislation
and was not ultra vires or invalid on this ground; (iii)
inasmuch
instance of what the Privy Council has designated as conditional legislation, and does not really delegate any legislative power but merely prescribes ... Legislature has already decided. As the Privy Council has pointed out, legislation conditional on the use of particular powers or on the exercise
expect each of the legislative bodies to enact complete and
comprehensive legislation on all subjects sought to be legislated upon.
It was also observed that ... delegated legislation" but was
"conditional legislation". Taking note of distinction between
delegated legislation and conditional legislation, the High Court held
that
piece of legislation of any kind, neither delegated legislation nor subordinate legislation nor conditional legislation.
27. Mr. Kotwal has next referred ... piece of legislation of any kind, since no legislative competence is conferred upon Government under the section. It is not even a conditional legislation
provisions into force. Section 1(3) is an
instance of 'conditional legislation', where the legislature has enacted the law, and the
only function ... rules and flesh
out gaps within the broad legislative policy. That exercise is legislative. However,
conditional legislation only permits the executive government the power
contend for the
position that the Act itself is a conditional legislation and therefore unless a
local level monitoring committee comes with a notification giving ... under Section 5
(4) of the Act.
34. The principles regarding conditional legislation are well known.
The first of the decisions referred
statute and in the case of conditional legislation the power of legislation is exercised by the legislature conditionally leaving to the discretion of an external ... statute and in the case of conditional legislation the power of legislation is exercised by the legislature conditionally leaving to the discretion of an external
