Hamdard Dawakhana v Union of India (1960)

Administrative Law · Administrative Directions

Facts.

The Drug and Magic Remedies (Objectionable Advertisements) Act prohibited advertising drugs as cures for listed diseases and empowered the Government to add any other disease to the list by notification, with no guiding standard.

Issue.

Was the power to add diseases (thereby expanding the prohibition) an excessive, unguided delegation?

Held.

Yes. The power to add to the Schedule was uncanalised and uncontrolled — the Act gave no policy to guide which diseases could be added — so it was excessive delegation and void; it was delegated legislation, not mere conditional legislation.

Why it matters.

It is the classic example of a delegation struck down for want of a standard, and the go-to authority for “add-to-the-Schedule” and standard-less-power problems.

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