Dl

Question 1

What are the adv of DL

Answer 1

1. Technical complexities, all eventualities
2. Executive time for experiment
3. Principle of subsidiarity - ground reality
4. Emergencies
5. Dynamism
6. Conditional legislation - verify the conditions

Question 2

Diadv of DL

Answer 2

1. No parliamentary deliberation
2. Lack of prior publicity - hills pubshileshed
3. No publicity, reach to citizens - buried in bureaucratic files
4. Possibilities of overrrlap and overreach
5. Confusion - difficult , different in different states

Question 3

In Re: Delhi laws act case SC gave its stamp of approval forDL, and also gave permissible limits, called the Bible of DL , what are the 4 guidelines

Answer 3

1. Doctrine of SOP is not part of Indian constn strictly speaking
2. Power of delegation is ancillary to power of legislation
3. But parliament cannot deface itself by creating a parallel law making body
4. Limitation is - legislature cannot part with its ESSENTIAL LEGISLATIVE POWER. ELP is laying down policy and enacting that policy into binding rule of conduct.

Question 4

After RE: Delhi laws case essential question in every case was what is the essential legislative functions

List of what can be delegated - 8

Answer 4

1. Commencement of statue ( consumer protection act )
2. Inclusion- some part of country
3. Exclusion of person or establishment ex: payment of bonus act
4. Modification
5. Application of existing laws in one part of the country to another
6. Supply details - rules and regulation ex: all india service act
7. Prescribing penalty - electricity act 1910
8. Modify certain provisions if it’s genuinely difficult ( ex: gammon india ltd vs UOI )

Question 5

Functions which cannot be delegated - 8

Answer 5

1. Essential legislative functions
2. Power to repeal ( re: Delhi laws )
3. Unlimited power to modify
4. Retrospective application of law
5. Unlimited power to exempt
6. Impose tax - art 265
7. Ousting court jurisdiction
8. Act or omission - an offence

Question 6

Theory of policy and guidelines

Answer 6

In re : Delhi laws case - policy of law, legal principles and standard guidelines - other wise excessive delegation

Uncanalised and uncontrolled power

In Gwalior rayon mills vs assistant commissioner of sales tax: justice K Mathews abdication test

But dissenting opinion led by justice khanna upheld theory of policy and guidelines

Factors to be considered to check if ed-
Can write the use of theory of ed