In re Delhi Laws Act (1951)

Administrative Law · Administrative Directions

Facts.

The President referred to the Supreme Court the validity of laws (including the Delhi Laws Act) that empowered the executive to extend, and modify while extending, existing laws to new areas.

Issue.

How far can a legislature delegate its law-making power? Can it authorise the executive to modify statutes?

Held.

The legislature may delegate widely, but must not abdicate its essential legislative function — it must itself lay down the policy and standard. It may authorise the executive to modify a law only in non-essential particulars, not its essential policy.

Why it matters.

It is the foundation of the Indian law on excessive delegation. Every delegation problem is tested against its rule: policy for the legislature, detail for the delegate.

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