Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950 vs. IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950

SCR Citation: [1951] 1 S.C.R. 747
Year/Volume: 1951/ Volume 1
Date of Judgment: 23 May 1951
Petitioner: IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950
Disposal Nature: Case Disposed Off
Neutral Citation: 1951 INSC 36
Judgment Delivered by: Hon'ble Mr. Justice Harilal Jekisundas Kania
Respondent: IN RE THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950
Case Type: SPECIAL REFERENCE CASE/1/1951
Order/Judgment: Judgment
1. Headnote

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 :

2. Case referred
3. Act
  • Delhi Laws Act, 1912 (13 of 1912)
  • Ajmer-Merwara (Extension Of Laws) Act, 1947 (52 of 1947)
4. Keyword
  • Delhi Laws Act
  • 1912
5. Equivalent citation
    Citation(s) 1951 AIR 332 =