A seemingly similar instance to the enactment contained in section 7 of the Delhi Laws Act is in

section 8 of Act XXII of 1869,considered by the Privy Council in Burah's case[5 I.A. 178]. That
instance, however, when closely examined, has no real resemblance to section 7 of the Delhi Laws
Act. Act XXII of 1869 was enacted to remove the Garo Hills from the jurisdiction of tribunals
established under the General Regulations. That was its limited purpose.

He also observed that a law having been made by a competent legislature for the territory under his
jurisdiction could be made applicable to a district excluded for certain purposes by a notification of
the Lieutenant-Governor. As already pointed out, the Lieutenant- Governor could make laws for the
whole province of Bengal and similarly, the Governor-General in Council could do so. The law having
been made by a competent legislature for the territory for which it had power to legislate, the only
power left in the Governor-General was to extend that legislation to an excluded area; but this is not
what the Delhi Laws Act had done. As will be shown later, the Delhi Laws Act in section 7 has
authorized the Governor-General in his executive capacity to extend to Delhi Laws made by
legislatures which had no jurisdiction or competence to make laws for Delhi.

Then he gave his opinion about each of the three questions.

In his opinion regarding delhi laws act, he stated that

To use the words of a learned Judge, the section conferred a kind of a vague, wide, vagrant and
uncanalised authority on the Governor-General. There is no provision within the section by virtue of
which the mind of the legislature could ever be applied to the amendments made by the Governor-
General in the different statutes passed by different legislatures in India and extended to Delhi.
Therefore he held it to be ultra vires.

As of the second question regarding ajmer merwara act he was of the opinion that The section does
not declare any law but gives the Central Government power to declare what the law shall be. The
choice to select any enactment in force in any province at the date of such notification clearly shows
that the legislature declared no principles or policies as regards the law to be made on any subject.

Giving the above explanation he declared this section of the act as ultra vires as well.

Third question regarding part C states act

He was of the opinion that It might, however, be served that in this case express power to repeal or
the laws already applicable in Part C States has also conferred on the Central Government. Power to
or amend laws is a power which can only be exercised by an authority that has the power to enact. It
is a power co-ordinate and co-extensive with power of the legislature itself. In bestowing on the
Central Government and clothing it with the same capacity as is possessed by the legislature itself
the Parliament has acted unconstitutionally.