field and therefore has the same power to
pass conditional legislation as the Imperial Parliament
itself. But the possession of plenary powers within the
ambit ... delegate the legislative function.
Mukherjea J. took up an intermediate posture holding that
essential legislative function consists in determination of
legislative policy or of formally
enactment
to local conditions.
According to Shri Ashok Sen, the power given by s. 2 is
a power of conditional legislation which is different from ... their
Lordships judgment) be well exercised, either
absolutely or conditionally. Legislation
conditional on the use of particular powers, or on
the exercise of a limited
petitioners contended that the said Principal Act is a conditional legislation by reason of provisions of Section 1(3) thereof. Such legislation though is valid ... Principal Act because the Principal Act is conditional legislation. The contention of the learned counsel for the applicants is that as the said notification
Housing Society
Ltd. & Ors., JT 2010 (11) SC 273).
VII. CONDITIONAL LEGISLATION:
29. As the legislature cannot carry out each and every function ... brought into force on such determination which is
described as conditional legislation. While doing so, the legislature
must retain in its own hands the essential
that judgment has been to legislate conditionally as to all these things. The conditions, having been fulfilled, the legislation is absolute ... would be to legislate conditionally as to all these things and that when the conditions are fulfilled the original legislation would be deemed
Amending Act is in the nature of a conditional legislation giving power to an external authority and it is a colourable exercise of power
Acts, however, came up for judicial consideration. We cannot altogether ignore the legislative practice adopted from such a long time & which remained unchallenged. There ... importation of goods was a delegation of a legislative power or conditional legislation. From an examination of the sections referred to in that case
decisions and to the
criteria upon which the delegated legislation and conditional legislation
can be distinguished:
In re the Delhi Laws Act, 1912 , the Ajmet
down. The Constitutional
Court has struck down the twin conditions on many
grounds. The Legislative amendment of the year 2018 has
not cured the entire ... defects
pointed by the Supreme Court are cured by comprehensive
legislation, the twin conditions would not revive. In
other words, the effect of striking down
stated "legislation conditional on the use of particular powers or the exercise of a limited discretion entrusted by the Legislature to persons in whom ... others, the essential legislative functions with which it is thus vested. Undoubtedly, legislation must often be adapted to complex conditions involving a host of details
