them. They read the Privy Council decisions as laying down that conditional legislation is permissible whereby the legislature entrusts to an outside agency the discretionary ... time. What is permissible to the Legislature by way of conditional legislation cannot be considered impermissible to the Parliament when, in the exercise
really legislative in character in the type of
control order which is now before us because it
satisfies the tests of legislation. A legislative measure ... Section 3 of the Act
is in the nature of a conditional legislation. The maxim
"audi alteram partem" does not become applicable
Such
legislations are conditional legislations as in such cases no part of
the legislative function is left unexercised. In such legislations,
merely because the Legislature ... process ended on 19.08.1982. Section 1(3) is a piece of conditional
legislation. As stated, in legislations of such character, merely
because the legislation
social welfare legislation, in
that, the people i.e. the slum dwellers living in inhuman
conditions are rehabilitated and the exercise of power
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Secretariat
employees from being promoted to the category of Table
Assistants, Legislative Assistants, Legislative Committee
Assistants, Conference and Protocol Assistants, etc. by
providing ... cases legislation can be read down to avoid the delegated
legislation being declared ultra vires [see St. John
Teacher Training Institute (supra)].
10. Legislative delegation
Nand Kishore 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
Kamla Devi vs State (Education Department)Ors on 11 May, 2012
Author: Mn Bhandari
Bench
principle of natural justice would apply to such a conditional or
delegated legislation, it was observed that establishment of a
Corporation under ... most, in legal phraseology, it can be termed
a conditional legislation, which, with the passage of time, has
come to be accepted as a delegated
specified period and shall be subject to
such restrictions or conditions as the government
may deem necessary. Shri Sorabjee's contention is
that while ... agree. The power under Section 11 is in
the nature of conditional legislation, as would be
explained later. The object of publication in the
Gazette
