Topic
Delegated legislation in Indian law refers to powers granted by Parliament to executive authorities to make rules, notifications, or regulations under primary statutes.
Even with ECIR proceedings, the Calcutta High Court allowed a ten-year passport renewal where the applicant satisfied the Section 22 exemption, curbing the blanket one-year limit of Notification GSR 570(E). The ruling aids individuals under investigation seeking longer-valid passports.
CESTAT Kolkata invalidates DGFT's use of public notices to impose actual user conditions on Transferable Duty-Free Import Authorizations, affirming that only notifications issued in the Official Gazette have legal force to amend Foreign Trade Policy terms. This ruling protects importers and transferees from retroactive administrative overreach and reinforces the hierarchy of delegated legislation under the Foreign Trade (Development and Regulation) Act.
Bombay High Court rules that Section 13A of the Goa Public Gambling (Amendment) Act, 1992 remains unenforceable in Daman and Diu due to the absence of a Central Government notification. The judgment invalidates all administrative actions, including slot machine licensing denials, taken under the unnotified amendment, reinforcing the legal principle that delegated legislation requires formal notification to take effect.
Bombay High Court ruled that Section 479(2) of the Mumbai Municipal Corporation Act, which delegates license fee-fixing power to the Commissioner, is constitutional under Article 14 when guided by detailed policy frameworks and municipal oversight. The judgment clarifies that such delegation is not arbitrary, impacting municipal corporations and advertisers relying on outdoor publicity licenses.
Bombay HC rules that imposing a 1-km territorial cap for 25% EWS admissions under the RTE Act violates constitutional rights and the statute's unconditional mandate. The judgment reinforces that private unaided schools must admit disadvantaged students regardless of proximity, impacting thousands of EWS applicants statewide.
Bombay High Court upholds Maharashtra's TDR premium mechanism under MRTP Act, clarifying statutory authority and rejecting challenges to delegated legislation.
Kerala High Court strikes down Rule 4(4) proviso limiting free RTI information to 20 pages for BPL persons, holding it ultra vires Section 7(5) of the RTI Act, 2005.
Supreme Court holds that delegated legislation like MIP notifications only become enforceable upon Official Gazette publication, not upon website upload.
Supreme Court holds that delegated legislation like MIP notifications only become effective upon Official Gazette publication, not website upload.