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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

Parliament enacts an Act that says the Central Government may, by notification, repeal any provision of the Act it considers difficult to apply and may also decide what the Act's policy on penalties should be. How would the Supreme Court most likely treat this delegation?

The delegation would likely be held invalid as excessive delegation. The legislature must itself lay down the policy and essential legislative functions and cannot hand them to the executive, including a blanket power to repeal provisions of the Act. Delegation is reviewable by courts.

  1. AValid, since Parliament has plenary power to delegate anything
  2. BInvalid, as it amounts to excessive delegation of essential legislative functionsCorrect
  3. CValid, because delegation to the Central Government is never reviewable
  4. DValid only if the notification is laid before the Governor of a State

Explanation

Parliament cannot abdicate its essential legislative function of laying down policy. Delegating the power to fix policy and to repeal provisions of the Act itself is excessive delegation and liable to be struck down. The idea that delegation is unlimited or unreviewable is wrong, and laying before a Governor is irrelevant.

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