legislative power on the Central Government. It is a case of
conditional legislation and prescribed a certain condition on
(Downloaded on 04/07/2019 ... effect and substance
a conditional legislation and not a delegated legislation.
The distinction between conditional legislation and
delegated legislation is clear and unambiguous
Mridul, conceded that the notification under Section 4 is a conditional legislation and the principle of audi alteram partem will not be applicable ... urged that when the statute itself makes a provision, how the conditional legislation is to be made, then the statutory provision laying down the procedure
power to extend an Act is not in the nature of conditional legislation and cannot be delegated. The power of extending the life ... period, the power of extension so given is not delegated or conditional legislation. It is merely a method for reaching the maximum period by instalments
legislative process is to slow and the legislatures often divided by politics, slowed down by periodic elections and overburdened with myriad other legislative activities ... avoided by evolving simpler concepts which work in practice in Indian conditions. Legislation, rather than judicial law-making will meet the needs more adequately
J.K. Industries Ltd. vs Union Of India (Uoi) on 21 April, 2005
Equivalent citations
held that the entries in the three Legislative Lists are only legislative heads or fields of legislation that demarcate the area over which the appropriate ... Concurrent List permitting the Parliament and the State Legislature to legislate on the conditions of service of employees of the State. It is, therefore, clear
Nand Kishore vs State (Education Department)Ors on 11 May, 2012
Author: Mn Bhandari
Bench
Kamla Devi vs State (Education Department)Ors on 11 May, 2012
Author: Mn Bhandari
Bench
Sunita Yadav vs State (Education Department)Ors on 11 May, 2012
Author: Mn Bhandari
Bench
fact the State Govt. did not certain laws laying down terms and conditions under which only regularisation on services of a person who has continued ... wherein such claims have been accepted after trial. Such a piece of legislation is wholly arbitrary, unreasonable and violates Articles 14 , 16 and 21of
