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

Citation: [1951] 1 S.C.R. 747 · Decided: 23-05-1951 · Supreme Court of India · Bench: HARILAL JEKISUNDAS KANIA
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Judgment (excerpt)

a 
 
S.C.R. 
SUPREME COURT REPORTS 
747 
In re THE DELHI LAWS ACT, 1912, 
THE AJMER-MERW ARA (EXTENSION OF LAWS) 
ACT, 1947 
AND 
THE PART C STATES (LAWS) ACT, 1950. · 
[SHRI 
HARILAL 
KANIA, C. J., 
FAZL Au, PATANJALI 
SAsTRI, MEHR CHAND MAHAJAN, MuKHEllJEA, 
DAs AND BosE JJ.] 
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 DClhi and Ajmer-Merwara with such 
restrictions and modifications as it thinks fit any law in force in any 
other part of India-Law .,mpowering 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 Delh.i Laws Act. 1912, provided that "The 
Provincial Govemment 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 P;trt 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 restric-
tions and modifications as it thinks fit, any enactment which is in 
force in a Part A State at the date of the notification and 
pro-
vision 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 
va\ictity 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 consider· 
ing the question whether the above-mentioned sections or any 
provisions thereof were to any extent and if so to what extent 
2-!1 S.C India/68 
1951 
},fay 23 
19'1 
In re 
The Delhi 
Laws Act, 1912, 
etc. 
748 
SUPREME COURT REPORTS 
[1951] 
and in what particulars, ultra vires the 
legislatures that 
res-
pectively passed these laws, and for reporting to him the opinion 
of the Court thereon : 
Held, (1) per FAZL ALI, PATANJALt SAsTRI, MuKHERJEA, DAs 
and BosE JJ, 
(KANIA. C. J., and MAHAJAN J., dissenting).-
Section 7 of the Delhi Laws Act, 1912, and s. 2 of the Ajmer-
Merwara (Extension of Laws) Act, 1947, are wholly intra vircs. 
KANIA C. ].-Section 7 of the Delhi Laws Act, 1912, and s. 2 of 
the Ajmer-Merwara (Extension of Laws) Act, 1947, are ultra vircs 
to the extent power is given to the Government to extend 
Acts 
other than Acts of the Central Legislature to the Provinces of 
Delhi and Ajmer-Merwara respectively inasmuch as to that extent 
the Central Legislature has abdicated its functions and delegated 
them 
to 
the executive government, 
MAHAJAN J.-Thc above-
said 
sections 
arc 
ultra 
vires 
in 
the 
following 
particulars : 
(i) inasmuch as they permit the executive to apply to Delhi and 
Ajmcr·Mcrwara, laws enacted by legislatures not competent to 
make laws for those territories and which these legislatures may make 
within their own legislative field, and (ii) inasmuch as they 
clothe the executive with co-extensive 
legislative 
authority 
in 
the matter of modification of laws made by legislative bodies 
in India. 
(2) Per FAZL ALI, PATANJAI.I SASTRI, MUKHERJEA, DAs and 
BoSE JJ.-The first portion of s. 2 of the Part C States (Laws) 
Act, 1950, which empowers the Central Government to extend 
to 
any Part C State or to "!lY part of such State with such modi-
fications and restrictions as it thinks fit any enactment which is 
in force in a Part A State, is 
intra vires. 
Pt+ 
KANIA C. J. 
MAHAJAN, MVKHERJEA and BosE JJ.-
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