IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950 versus REFERENCE CASE

IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950 versus REFERENCE CASE

By majority, section 7 of the Delhi Laws Act, 1912, and section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, are intra vires. Section 2 of the Part C States (Laws) Act, 1950, is intra vires except for the portion allowing the executive to repeal or amend existing laws (other than Central Acts), which is ultra vires the Parliament. Essential legislative function (determining legislative policy and laying down standards) cannot be delegated; limited delegation is permissible if legislature retains control and does not abdicate or efface itself.

Parties
Referrer: President of India; Party: State of Bombay; Party: State of Madras; Party: State of Mysore; Party: State of Uttar Pradesh; Party: Capt. Deep Chand and Pt. Amarnath Bhardwaj; Party: Ajmer Electric Supply Co. Ltd.; Party: Municipal Committee of Ajmer, Maiden's Hotel and Runglal Nasirabad; Party: Shri Munshi Lal and others
Jurisdiction
India
Judgment Date
23 May 1951
Procedural Posture
Special Reference Under Article 143(1) of the Constitution of India / Supreme Court Advisory Opinion
Outcome
By majority, relevant provisions are intra vires except for the portion of section 2 of the Part C States (Laws) Act, 1950, pertaining to repeal/amendment of existing laws, which is ultra vires.
Legal Topics
Delegated Legislation, Legislative Powers, Separation of Powers, Validity of Statutory Provisions, Ultra Vires
Constitutional Law Administrative Law Delegated Legislation Legislative Powers Separation of Powers Validity of Statutory Provisions Ultra Vires

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Parties

President of India

Referrer

State of Bombay

Party

State of Madras

Party

State of Mysore

Party

State of Uttar Pradesh

Party

Capt. Deep Chand and Pt. Amarnath Bhardwaj

Party

Ajmer Electric Supply Co. Ltd.

Party

Municipal Committee of Ajmer, Maiden's Hotel and Runglal Nasirabad

Party

Shri Munshi Lal and others

Party

Procedural Posture

Special Reference Under Article 143(1) of the Constitution of India / Supreme Court Advisory Opinion

Legal Issues

  1. 1 Whether section 7 of the Delhi Laws Act, 1912, section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, and section 2 of the Part C States (Laws) Act, 1950, or any provisions thereof, are ultra vires the legislatures which passed them on the ground of excessive delegation of legislative powers.

Ratio Decidendi

By majority, section 7 of the Delhi Laws Act, 1912, and section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, are intra vires. Section 2 of the Part C States (Laws) Act, 1950, is intra vires except for the portion allowing the executive to repeal or amend existing laws (other than Central Acts), which is ultra vires the Parliament. Essential legislative function (determining legislative policy and laying down standards) cannot be delegated; limited delegation is permissible if legislature retains control and does not abdicate or efface itself.

Court Disposition

By majority, relevant provisions are intra vires except for the portion of section 2 of the Part C States (Laws) Act, 1950, pertaining to repeal/amendment of existing laws, which is ultra vires.

Orders

  • Section 7 of the Delhi Laws Act, 1912, and section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, are valid (intra vires).
  • Section 2 of the Part C States (Laws) Act, 1950, is intra vires except that the power conferred by the concluding portion (enabling repeal or amendment of existing laws other than Central Acts) is ultra vires.