RAMESH BIRCH & ORS. ETC. versus UNION OF INDIA & ORS. ETC.

RAMESH BIRCH & ORS. ETC. versus UNION OF INDIA & ORS. ETC.

Section 87 of the Punjab Reorganisation Act, 1966, does not constitute excessive delegation or abdication of essential legislative function; it merely enables the executive to select among laws already legislated by Parliament or State Legislatures, guided by policy that suits local conditions. Extension of future laws and amendments is a necessary corollary if initial delegation is valid. The impugned notification extending the East Punjab Urban Rent Restriction (Amendment) Act, 1985 to Chandigarh is constitutionally valid, as it does not conflict with the existing law.

Parties
Appellant/petitioner: Ramesh Birch & Ors. etc.; Respondent: Union of India & Ors. etc.; Counsel for Petitioners: Sri Gujral; Counsel for Petitioners: Sri Swarup
Jurisdiction
India
Judgment Date
21 April 1989
Procedural Posture
Appeals by Special Leave and Writ Petitions / Final Judgment by Supreme Court
Outcome
appeals and petitions dismissed
Legal Topics
Delegation of Legislative Powers, Adaptation and Extension of Laws to Union Territories, Validity of Government Notification, Punjab Reorganisation Act, 1966
Constitutional Law Administrative Law Delegation of Legislative Powers Adaptation and Extension of Laws to Union Territories Validity of Government Notification Punjab Reorganisation Act, 1966

Case Brief

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Parties

Ramesh Birch & Ors. etc.

Appellant/petitioner

Union of India & Ors. etc.

Respondent

Sri Gujral

Counsel for Petitioners

Sri Swarup

Counsel for Petitioners

Procedural Posture

Appeals by Special Leave and Writ Petitions / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether s.87 of Punjab Reorganisation Act, 1966 amounts to excessive delegation of legislative power to the executive
  2. 2 Validity of extending East Punjab Urban Rent Restriction (Amendment) Act, 1985 to Union Territory of Chandigarh by executive notification
  3. 3 Constitutional validity of Parliament delegating legislative function under Article 246(4) of the Constitution

Ratio Decidendi

Section 87 of the Punjab Reorganisation Act, 1966, does not constitute excessive delegation or abdication of essential legislative function; it merely enables the executive to select among laws already legislated by Parliament or State Legislatures, guided by policy that suits local conditions. Extension of future laws and amendments is a necessary corollary if initial delegation is valid. The impugned notification extending the East Punjab Urban Rent Restriction (Amendment) Act, 1985 to Chandigarh is constitutionally valid, as it does not conflict with the existing law.

Court Disposition

appeals and petitions dismissed

Orders

  • rules nisi discharged
  • each party to bear own costs