Whether Sections 3 and 4 of the Essential Supplies (Temporary Powers) Act, 1946, and the provisions of the Cotton Cloth Control Order contravened the fundamental right of the appellants guaranteed by Articles and (g) of the Constitution?
Whether Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, and in particular Section 4 were ultra vires, the Legislature on the ground of excessive delegation of legislative power?
Whether Section 6 having been found ultra vires, Section 3 was inextricably connected with it and that both the Sections should have been declared ultra vires on that ground?
Whether the impugned Control Order contravened existing laws, viz., the provisions of Sections 28 and 41 of the Indian Railways Act, and was thus void in its entirety?
Essential legislative function consists in the determination or choice of the legislative policy and of formally enacting that policy into a binding rule of conduct.
As the doctrine of separation of power is followed in our country for guarding the state against any arbitrary or tyrannical powers. But it is impossible to follow it in a very strict sense, the constitution states that the three organs should not interfere in matters of each other. The function performed by the Legislature for the welfare of the state is not easy to be performed due to a lack of time, adaptability, and flexibility. Therefore, Legislature delegates its power to an agent or subordinate for exercising the powers held by the legislature as secondary legislation.
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