Steffi v uoi & st of MH

SIFF Ishaan v. UOI

Issues:-

Uncanalised delegation.

The legislature cannot delegate 'uncanalised and uncontrolled power1. The Power delegated must not
be unconfined and vagrant but must be canalized within banks that keep it from overflowing. Delegation
is valid only when the legislative policy and guidelines to implement it are adequately laid down2.When
the Legislature requires the delegated legislation to be laid before it, there is no abdication as the
delegate is kept under the vigilance and control of the Legislature. The courts thus exercise judicial
control over subordinate legislation and there have been several cases subsequent to the Delhi Laws Act
case in which the question of permissible delegation of legislative power has come up for consideration.
Broadly state, the legislature cannot efface itself Or strip itself of its legislative power. That is to say, the
legislature cannot delegate its function of laying down legislative policy in-respect of a particular
measure. It must declare the policy of the law and the legal principles which are to control any given
case and must provide a standard to guide the official or body in power to execute the law. Where, for
instance, a power to grant or renew a license is given to an executive authority, care should be taken to
see that in cases of refusal the law contains sufficient guiding principles for the purpose, that the
authority is required to state his reasons for such refusal and that there is a right of appeal. It is always
for the courts to declare on a fair, generous and liberal interpretation of the language employed in a
statute whether the legislature has exceeded the permissible limits in the case of delegated legislation3.

1
Hamdard Dawakhana v. Union of India; AIR 1960 SC 554 at 5
2
Tata Iron & Steel Co. v. Workmen, AIR 1972 SC 1917 at 1922; 9; A N Parasuraman v. State of Tamil Nadu, AIR 1990
SC 40 at 43
3
Bhatnagar v. Union of India, AIR 1957 SC 478; at 476; Ckandrakantx. Jasjit Singh, AIR 1962 SC 20.