Delhi Laws Act, 1912, s. 7-Ajmer-Merwara (Extension of Laws)
Act, 1947, s. 2-Part C States (1.Aws) Act, 1950-Laws giving power
to Government to extend to Delhi and Ajmer-Merwara with such
restrictions and modifications as it thinks fit any law in force in any
other part of India-Law empowering Government to extend to Part C
States any law in force in a Part A State and to repeal existing laws
-Validity-Rule against delegation of legislative powers-Scope
and basis of the rule-Applicability to lndia :-Difference between
delegation of legislative power and conditional legislation-Powers of
Indian Legislature under the Indian Councils Act, 1861, the
Government of India Act, 1935, and the Indian Constitution, 1950.
Section 7 of the Delhi Laws Act. 1912, provided that "The
Provincial Government may by notification in. the official gazette
extend, with such restrictions and modifications as it thinks fit,
to the Province of Delhi, or any part thereof, any enactment
which is in force in any part of British India at the· date of such
notification". Section 2 of the Ajmer-Merwara (Extension of
Laws) Act, 1947, provided that "The Central Government may,
by notification in the official gazette, extend to the Province of
Ajmer-Merwara, with such restrictions and modifications as it
thinks fit, any enactment which is in force in any other Province
at the date of such notification. Section 2 of the Part C States
(Laws) Act, 1950, provided that "The Central Government may,
by notification in the official gazette extend to any Part C
State ........ or to any part of such State, with such restrictions and modifications as it thinks fit, any enactment which is in
force in a Part A State at the date of the notification and provision may be made in any enactment so extended for the repeal
or amendment of any corresponding law . . . . which is for the time
. being applicable to that Part C State. As a result of a decision of
the Federal Court, doubts were entertained with regard to the
validity of laws delegating legislative powers to the executive
Government and the President of India made ·a reference to the
Supreme Court under Art. 143(1) of the Constitution for considering the question whether the above-mentioned sections or any
provisions thereof were to any extent and if so to what extent and in what particulars, ultra vires the legislatures that respectively passed these laws, and for reporting to him the opinion
of the Court thereon :