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Constitutional Validity of Delegated Legislation

By Satyaranjan P. Sathe

Published In

Air 1961

In a country with a written Constitution powers of the legislature are always circumscribed by the principles and limitations embodied in such written document and the legislature has to act within the ambit of the powers defined by the Constitution and subject to limitations prescribed thereunder. Under the Constitution of India where the doctrine of judicial Review has been adopted the courts have power to declare legislative Act which is contrary to provision of the constitution as void 1. In England, where there is no written constitution and Parliament is supreme, courts have no such power. Where therefore Parliament or the legislature makes a law whereby it delegates its legislative power, question whether it is competent to do so, and if so to what extent does not arise in England whereas in the U. S. or in India, courts are required to face this question. In the U. S. the legal theories of doctrine of separation of powers and ‘d ....

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