In Re Delhi Laws Act
Rule established
The legislature cannot delegate its essential legislative function; it must lay down legislative policy and guidelines while delegating only ancillary or subordinate functions
Facts
- The President of India referred questions to the Supreme Court under Article 143 regarding the constitutionality of certain delegated legislation provisions
- Several laws (including the Delhi Laws Act) empowered the executive to extend laws to certain areas or modify them in application
- The question was whether such wide delegation amounted to abdication of legislative function
- Multiple opinions were delivered by the seven-judge bench with varying rationales
Issues
- Whether the legislature can delegate its law-making power to the executive?
- What are the permissible limits of delegation: can the essential legislative function be delegated?
- What constitutes the essential legislative function that cannot be parted with?
Held
- The Supreme Court (by majority) held that delegated legislation is constitutionally permissible but subject to limits. The legislature must retain the essential legislative function: the determination of legislative policy and the laying down of standards and principles. It can delegate the power to make rules, fill in details, and implement policy, but cannot hand over a blank cheque to the executive. The delegation must contain sufficient guidance and safeguards to prevent arbitrary exercise of delegated power.
Ratio Decidendi
The legislature cannot delegate its essential legislative function, which consists of laying down legislative policy and principles; it may delegate only ancillary or subordinate powers to fill in details, make rules, and implement the policy laid down. Delegation without any guiding policy or standards amounts to abdication of legislative function and is constitutionally impermissible.
How to use it in an exam
- Foundational case on delegated legislation in Indian jurisprudence. Use when discussing the classification of legislation (supreme vs. subordinate), the limits of legislative power, and the permissibility of delegated legislation. It establishes the Indian test for excessive delegation.
- Key line: "The legislature cannot delegate its essential legislative function; it must lay down policy and can delegate only the ancillary task of implementing it."
Source
Source: Supreme Court Reports
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Administrative LawDelegated Legislation Meaning Reasons ClassificationFoundational Indian authority on excessive delegation doctrine