AIR 1951 SUPREME COURT 332

Supreme Court Of India

Hon'ble Judge(s): M. H. Kania, S. Murtaza Fazal Ali, M. Patanjali Sastri, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das, Vivian Bose , JJJ

(A) Delhi Laws Act (13 of 1912) , S.7— Ajmer-Merwara (Extension of Laws) Act (52 of 1947) , S.2— Part C States (Laws) Act (30 of 1950) , S.2— Power to apply existing legislation to specified areas conferred on Sub-ordinate authority - Power inCluding power to restrict, amend and repeat - Validity - principles of delegated legislation exhaustively discussed. 'Per Fazal Ali, Shastri, Mukherjea, Das and Bose, JJ., Kania C. J., and Mahajan. J. Contra:-S. 7 of the Delhi Laws Act, 1912 was valid and no part thereof was 'ultra vires' the legislature that passed it. (Paras 91, 130, 276, 348, 390) The Ajmer-Merwara (Extension of Laws) Act, 1947 was valid and no part thereof was ultra vires the Legislature that passed it. (Paras 91, 130, 276, 348, 390) Per Fazl Ali, Sastri and Das, JJ.: S. 2 of the Part C States (Laws) Act, 1950, is valid and no part thereof is 'ultra vires' the Parliament. (Paras 91, 130, 348) Per Mukherjea and Bose, JJ.:-S. 2 of the Part C States (Laws) Act, 1950, is intra vires except for the concluding sentence which runs as follows : "any provision may be made in any enactment so extended for the repeal or amendment of any corresponding law (other than a Central Act) which is for the time being applicable to that part C State." This portion is 'ultra vires' but as it can be separated ....