Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1958 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1958 (12) TMI 31 - SC - Indian LawsWhether there is anything in the words of Art. 312 which takes away the usual power of delegation, which ordinarily resides in the legislature? Held that:- We cannot read Art. 312 as laying down a mandate prohibiting Parliament from delegating authority to the Central Government to frame rules for the recruitment and the conditions of service of all-India services. We, therefore, reject this contention. Seeing that the rules would govern the all-India services common to the Central Government and the State Government provision was made by s. 3 that rules should be framed only after consulting the State Governments. At the same time Parliament took care to see that these rules were laid on the table of Parliament for fourteen days before they were to come into force and they were subject to modification, whether by way of repeal or amendment on a motion made by Parliament during the session in which they are so laid. This makes it perfectly clear that Parliament has in no way abdicated its authority, but is keeping strict vigilance and control over its delegate. Therefore, reading s. 4 along with s. 3(2) of the Act it cannot be said in the special circumstances of this case that there was excessive delegation to the Central Government by s. 3(1). We are, therefore, of opinion that the Act cannot be struck down on the ground of excessive delegation. In this case the appellant was serving in connection with the affairs of the State of Punjab, and, therefore, the Punjab Government would have authority to institute the enquiry against him. The Central Government would only come into the picture after the enquiry is concluded and if it is decided to impose one of the three punishments mentioned in r. 4(1). This contention must also be rejected. We, therefore, dismiss the appeal with costs to the State of Punjab.
|