delegation lies not in its capacity for abuse,
but in its delegation beyond permissible limits and contrary
to the constitutional scheme. Undoubtedly delegation ... legislature cannot
delegate its essential legislative function in
any case and before it can delegate any
subsidiary or ancillary powers to a delegate
does not suffer from the vice of
excessive delegation; while the respondent contended that
(i) the levy was a fee in return for services ... standards laid down, the
legislation will suffer from the vice of excessive
delegation and would be void as arbitrary and
unconstitutional. The _Provisions
Legislature and hence that Section is void
for excessive delegation of legislative powers on
the State Government. In support of his contention,
reliance was placed ... notification before the State Legislature would not
cure the infirmity of excessive delegation. Learned
counsel also submitted that though the Land Reforms
Act was placed
piece of colourable
legislation vitiated in part by excessive delegation of
legislative power to the State. On behalf of the respondent
it was urged that ... Constitution and that there was no excessive delegation
of legislative power.
Held, that it was well settled that the heads of legislation
specified in Entry
order of detention was made suffered from the vice of
excessive delegation, was an independent plea not relatable
to the fundamental rights mentioned ... impugned Act
suffered from excessive delegation must fail. The
legislative policy was broad stated in the preamble and the
relevant provisions
Notification of Pondicherry Govt. extending amended
Madras Act to Pondicherry-If excessive delegation.
HEADNOTE:
The legislative assembly for the Union Territory of
Pondicherry passed ... retrospective operation of
the Amending Act , the effect of any excessive delegation
was, removed. [669 D-E; 670 D-E]
Deep Chand v. The State
SC2096 (30)
ACT:
Constitution of India-Articles 14, 265-Vice of
excessive delegation-Absence of guidelines-What can be
delegated-Imposing flat rate of taxation ... delegate the essential legislative functions. The
legislature is responsible to the people and its
representative, the delegate may not be and this is why
excessive
Whether it suffers
from the vice of excessive delegation.
HEADNOTE:
Sec. 8(2)(b) of the Central Sales Tax Act 1956, provides
that ... Central Sales Tax Act, 1956 suffer from the vice of
excessive delegation because the parliament, in not fixing
the rate itself and in adopting
commissioners Act constituted excessive delegation of power
to the State Government and amounted to abdication of its
functions by the State Legislation and that ... power of delegated legislation it suffers
from the vice of excessive delegation inasmuch as it gives a
power to the executive to the extent
delegate; that
requirement of laying of rules before the legislature is
control over delegated legislation. The legislature may
also retain its control over its delegate ... transgression of permissible
limits of delegated legislation by the delegate, made the
challenge on the, ground of excessive delegation
unsustainable. In view of this settled
