Trace Your Case

ISSUE:

In the purported exercise of its power under Article 246(4) of the Constitution, can the Parliament delegate its legislative function in favour of executive authority to such an extent as to amount to an abdication of its legislative function?

RULE:

What can be delegated is only the task of subordinate legislation which is by its very nature ancillary to the statute which delegates the power to make it and which must be within the policy and framework of the guidance provided by the legislature.

The power given as such was more like ministerial than legislative power because all that the Government had to do was to study the laws and make a selection out of them.

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