purpose of exercising its legislative
powers effectively and completely. The legislature must
retain in its own hands the essential legislative function.
Exactly what constituted essential ... constituent element of the legislative power,
it is well-settled that a legislature cannot
delegate its essential legislative function in
any case and before
void and was a still-born legislation by
reason of the Pondicherry legislature having abdicated its
legislative function in favour of the Madras State
Legislature ... into
force; (2) whether the impugned legislation was, delegated
or conditional legislation and (3) if it was delegated
legislation whether such delegation could be only
intolerable in law. The legislature cannot
delegate the essential legislative functions. The
legislature is responsible to the people and its
representative, the delegate ... delegation inherent in the legislative power itself.
The legislature must retain in its own hands the
essential legislative functions and what can be
delegated
appropriate State had
not laid down any legislative policy and thus abdicated its
legislative function. The High Court answered this question
in the live ... appropriate State has not laid down any legislative
policy and has abdicated its legislative function.
884
In this connection we are of the view that
such an
extent as to amount to an abdication of its legislative
function; that by enacting s. 87 , Parliament instead of
legislating for the Union ... legislation. That is what makes
delegated legislation inevitable and indis-
pensable. The Indian Parliament and the State
Legislatures are endowed with plenary power to
legislate
invalid on the ground of
excessive delegation of legislative functions; (3) sub-
section (2C) of section 48 was invalid to the extent it
permitted retrospective ... Amendment Act of 1981 was invalid because of excessive
delegation of legislative functions and if sub-section (2C)
which was an integral part
legislature can delegate non essential legislative
functions, but while delegating such functions, there must be a clear
legislative policy which serves as guidance ... delegation of legislative authority;
(iv) Mere authority to legislate on a particular topic does not confer
authority to delegate its power to legislate on that
legislative power
in a modern State with multifarious activities and complex problems facing
legislatures; and (4) that delegation of an essential legislative function
which amounts ... legislation in the modern world.
If the parent enactment enunciates the legislative policy with sufficient
clarity, delegation of the power to make subordinate legislation
assumed that the legislative functions
are exclusively performed by the Legislature, executive
functions by the executive and judicial functions by the
judiciary alone. The Constitution ... absolute
or rigid division of functions between the three agencies of
the State. To the executive, exercise of functions
legislative or judicial are often entrusted
neither create a parallel legislature nor destroy its
legislative power. The essential legislative function must be retained
by the Legislature itself. Such function consists ... case and the
nature of the legislation, the doctrine of conditional
legislation or subsidiary legislation or ancillary
legislation is equally upheld under all the Constitutions
