Category: Excessive Legislation

ISSUE:

Whether the National Green Tribunal Act, 2010 (“Act”) infringes upon the jurisdiction of the High Courts under Articles 226 and 227 of the Constitution of India?

Whether the provision of a direct appeal to the Supreme Court from the National Green Tribunal (NGT) is constitutionally valid?

Whether Section 3 of the Act is ultra vires to the Constitution due to excessive delegation of legislative power?

RULE:

The delegation of legislative power is permissible if it is necessary to fulfil the objectives of a statute, but the delegation must not result in excessive delegation or a transfer of core legislative functions to the executive.

The jurisdiction of High Courts can be restricted in matters where specialized tribunals have been created for adjudication of complex subject matters. However, the jurisdiction of High Courts cannot be completely ousted by the creation of such tribunals.

ISSUE:

Whether the delegation of power by the Legislature to a non-legislative body to make rules and regulations is an unconstitutional exercise of delegated power?

RULE:

Exclusion of evidence crucial to a defendant's case can be challenged if its exclusion lacks a valid legal basis, as this undermines the right to a fair trial.

ISSUE:

Whether Section 5 of the East Punjab General Sales Tax Act, 1948, as originally enacted, was void?

Whether the imposition of purchase tax under the amended Act violates Article 14 of the Indian Constitution?

Whether Section 5 of the Act is void for conferring legislative power on the provincial Government, thereby constituting excessive delegation?

RULE:

A delegated legislation must provide clear legislative guidance and cannot confer unfettered discretion on the executive to levy taxes.

Taxes imposed on goods must not amount to an unreasonable restriction on the fundamental right to trade under Article 19(1)(g).

ISSUE:

Whether the Occupational Safety and Health Administration (“OSHA”) exceeded its authority by implementing a benzene exposure standard without adequate proof of a significant risk to workers?

RULE:

Under the Occupational Safety and Health Act, OSHA can only impose workplace safety standards if it identifies a "significant risk" of material health impairment and supports the standard with substantial evidence.

ISSUE:

Whether assessees under the Central Sales Tax Act 1956 (“Central Act”) could be made liable for penalty under the provisions of the State Sales Tax Act (“State Act”)?

RULE:

The doctrine of ejusdem generis states that where general words follow specific words, the general words are to be construed as limited and apply only to the same kind/class as mentioned. Courts have to find genus – the common strand of characteristics.

ISSUE:

Whether the National Green Tribunal Act, 2010 (“Act”) infringes upon the jurisdiction of the High Courts under Articles 226 and 227 of the Constitution of India?

Whether the provision of a direct appeal to the Supreme Court from the National Green Tribunal (NGT) is constitutionally valid?

Whether Section 3 of the Act is ultra vires to the Constitution due to excessive delegation of legislative power?

RULE:

The delegation of legislative power is permissible if it is necessary to fulfil the objectives of a statute, but the delegation must not result in excessive delegation or a transfer of core legislative functions to the executive.

The jurisdiction of High Courts can be restricted in matters where specialized tribunals have been created for adjudication of complex subject matters. However, the jurisdiction of High Courts cannot be completely ousted by the creation of such tribunals.