In Re: Delhi Laws Act, 1912

Facts

The Delhi Laws Act, 1912, Ajmer-Merwara Act, 1947and Part C States (Laws) Act, 1950empowered the Government of India to extend, with necessary modifications, the laws in force in other provinces in Delhi and Ajmer-Merwara and in different Part C states respectively. The Governor-General, through subsequent notifications by virtue of the power vested by Delhi Laws Act, 1912, applied certain laws such as the U.P. General Clauses Act, 1904, and the U.P. Municipalities Act, 1916, to the province of Delhi. The key issue arose when the Central Government extended these laws through executive orders, challenging whether this delegation of legislative power was constitutional. In this regard, the President under Article 143 of the Indian Constitution made a reference to the Supreme Court to seek clarification.

Key Takeaways for Students

Legal Issue

• Whether the delegation of legislative authority to the executive under the Delhi Laws Act, 1912, was within Constitutional limits?
• To what extent the legislature could delegate its legislative function to the executive without violating the separation of powers doctrine?
• Whether the powers delegated to the government under the Delhi Laws Act, 1912, Ajmer-Merwara Act, and Part C States (Laws) Act, 1950, were consistent with the Indian Constitution?

Holding

The Court, by a majority decision, upheld the validity of the Delhi Laws Act, 1912, Ajmer-Merwara Act, 1947, and Part C States (Laws) Act, 1950, but imposed limitations on the scope of permissible delegation. The Court stated that while the legislature could delegate some of its functions to the executive, the essential legislative function (i.e., making a law or deciding policy) could not be delegated. The court affirmed that the main restrictions and limitations on the legislative power of Parliament or of the States are those contained in Part III of the Constitution relating to Fundamental Rights. The power to extend the jurisdiction of the laws or apply existing laws with necessary modifications was held to be within constitutional limits, but the executive could not be allowed to repeal or enact new laws. The legislature must provide adequate guidelines to ensure that the delegation of powers is not violating the constitutional norms or principles of governance.

Final Decision Disposed of

Ratio

The legislature may delegate certain administrative or rule-making powers to the executive, as long as the delegation does not result in the renunciation of essential legislative functions conforming to the doctrine of separation of power.