Re: Delhi Laws Act Case(1951)

• ADMINISTRATIVE LAW ASSIGNMENT 1

• BY: OVIYA VELUMANI
• 3RD YEAR BBA.LLB
• 1182210082

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• Facts of the Case
There were two pre-existing Acts: One was The Delhi Laws Act,1912
and the other was The Ajmer Marwar Act, 1947
• S.7 of The Delhi Laws Act, 1912 :
“The Provincial Government may by notification in the official gazette,
extend with such restrictions and modifications as it thinks fit to the
Province of Delhi or any other part thereof, any enactment which is in
force in any part of British India at the date of such notification”
• S.2 of the Ajmer Marwar Act, 1947:
“The central Government may by notification in the official gazette
extend to the province of Ajmer Marwar with such restriction and
modification it thinks fit”

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 • Before Independence There Were Three Kinds
Of States In India
1. Part A States

2. Part B States

3. Part C States
• Part C States (Laws)Act, 1950 S.2 authority was delegated to the
Central government for two purposes:
• 1. To extend and to apply with restriction and modification on
recruitment in force in part A state to Part C
• 2. Delegation of powers to Central Govt to amend and repeal
• When the Part C States Law Act was sent to the President for

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assent, President was unsure whether such power to delegate was
proper and permissible. Under Art.143 pf the COI he sought the
opinion of the Supreme Court. Along with this, the previous two Sample Footer Text 3
• Issues
1. Whether s.7 of the Delhi Laws Act, 1912, or any of the provisions
thereof and in what particular or particulars or to what extent ultra
vires the Legislature which passed the said Act ?
2. Whether s.2 the Ajmer Merwara (Extension of Laws) Act, 1947, or
any of the provisions thereof and in what particular or particulars or
to what extent ultra vires the Legislature which passed the said Act ?
3. Is s.2 of the Part C States (Laws) Act, 1950, or any of the provisions
thereof and in what particular or particulars or to what extent ultra
vires the Parliament?

Whether the Parliament and the State Legislature has the power to
delegate its legislative functions to an executive authority? If so, what is
the limit?

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• Arguments of the Counsels

MC Setalvad: “Delegation comes with the power of legislation, there

is no restriction on delegation.”
MC Chatterjee : “There exists separation of power in the country and
India follows delagatus non potest delegare (One to whom power is
delegated cannot further delegate that power)”

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Rule/ Court Judgement
1. Whether s.7 of the Delhi Laws Act, 1912, or any of the provisions
thereof and in what particular or particulars or to what extent
ultra vires the Legislature which passed the said Act ? VALID and
not ULTRA VIRES
2. Whether s.2 the Ajmer Merwara (Extension of Laws) Act, 1947,
or any of the provisions thereof and in what particular or
particulars or to what extent ultra vires the Legislature which
passed the said Act? VALID and not ULTRA VIRES
3. Is s.2 of the Part C States (Laws) Act, 1950, or any of the
provisions thereof and in what particular or particulars or to what
extent ultra vires the Parliament?
• Part 1 of S.2 of the Act- VALID and not ULTRA VIRES

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• Part 2 of S.2 of the Act – INVALID as it is ULTRA VIRES

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Rule/ Court Judgement
1. Doctrine of delagatus non potest delegare not applicable as the
Indian Parliament is not an agent of anybody. It is not a body of
delegated legislation!
2. Parliament cannot completely abdicate itself by creating a
parallel authority
3. Only ancillary powers can be delegated
4. There is a limitation of the delegation of power. Legislature
cannot delegate its essential functions

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Analysis
• It is necessary for the legislature to be in the ultimate position of
power so that it can have control over the delegate and retain that
power in an event where the delegates use of power goes beyond
what it is empowered to do so.
• Power to delegate legislative function subject to non-abdication
• If the legislature wants to delegate the power, then they can do so,
but with certain conditions. As the delegation will also be with the
non-essential function. That means, the legislature can’t delegate
any essential or sole policy of the act of law to the executive to
modify it or amend it.
• Authority to repeal law is a sole function of the legislature and
delegating that power to the government can be ultra vires to the
power to delegate.

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Comments/Conclusion
• British delegated legislation vs. Indian delegated legislation
• U.S delegated legislation vs. Indian delegated legislation

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