AIR 1969 RAJASTHAN 146 ::1969 RajLW 367 ::ILR (1969) 19 Raj 902

Rajasthan High Court

Hon'ble Judge(s): Kansingh , J

(A) Rajasthan Municipalities Act (38 of 1959) , S.104— Constitution of India , Art.14, Art.245— @page-Raj147Constitutional validity - Municipalities - S.104 is not void either on account of excessive delegation or on account of violation of Art.14. Section 104 of Rajasthan Municipalities Act, 1959, is not void either on account of excessive delegation or on account of violation of Article 14 of the Constitution.(Para 17) The question of excessive delegation does not emerge from the fundamental rights. Even when they did not exist, a law could be pronounced to be bad if it suffered from excessive delegation. The essence of this concept is that the Legislature has to make the law itself and it cannot entrust that essential function to an extra legislative body. In the present day circumstances some degree of flexibility has become necessary so as to permit constant adaptation to unknown future conditions without the necessity of having to amend the law again and again :(Para 13) Section 104 when it makes provision for imposition of certain taxes, is in keeping with the legislative policy underlying the Act. Conditions vary from municipal area to municipal area, and, therefore, the Legislature may not find it convenient to decide as to what should be the dates on which the taxes mentioned in Section ....