Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law : Delegated legislation Himachal Pradesh Ceiling on Land Holding Act 1972 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Law:Delegated legislation-Essential legislative function-Held, cannot be delegated by the legislature-Only ancillary or subordinate legislative functions may be delegated-Act delegating rule making power to the State Government "for carrying out the purposes of this Act"-Held, is a general delegation without guidelines-Such delegated powers cannot be used to bring within its net a subject excluded by the Act itself or to bring into existence substantive rights or obligations or disabilities not contemplated by the provisions of the Act-Delegated legislation must advance the purposes of the statute if is framed under and unless it does so, it cannot be sustained. Himachal Pradesh Ceiling on Land Holding Act, 1972:Section 26-Delegating rule making power to the State Government circumscribed by the Act itself, ''for carrying out the purposes of this Act''-State Government framing Rules making complete prohibition of transfer of land subservient to tea plantation-Held, such Rules cannot be sustained because no purpose sought to be achieved by the Act is advanced by such a prohibition-Himachal Pradesh Ceiling on Land Holdings Rules, 1973---Administrative Law-Doctrine of ultra vires.Section 26 and 5(g)- Power delegated to State to make rules to carry out purposes of the Act - Tea plantations and areas necessary for purposes subservient to a tea plantation were expressly exempted from the provisions of the Act-State framing rule 3(1), proviso by a Gazette Notification wherein complete prohibition was put on transfer of land subservient to a tea plantation-Held, Proviso to Rule 3(1) was ultra vires the Act - Himachal Pradesh Ceiling on Land Holdings Rules, 1973 Rule 3(1) proviso- Administrative Law- Doctrine of ultra vires. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2000 INSC 88 |
Petitioner | Kunj Behari Lal Butail And Ors. |
Respondent | State Of Himachal Pradesh And Ors. |
SCR | [2000] 1 S.C.R. 1054 |
Judgement Date | 2000-02-18 |
Case Number | 1424 |
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