The Indian Legislature passed an Act authorising the Governor of Bengal by a notification to extend the application of the Act to Jaintia and Naga and Khasi hills. X, a resident of Jaintia and Khasi hills, was arrested on charge of murder under the above Act and was sentenced to death. X challenged the application of the Act to the Khasi and Jaintia hills by the order of Bengal Governor on the ground that it was ultra vires, as the Governor had no powers to extend the Act. Will be succeed?

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  • The Indian Legislature passed an Act authorising the Governor of Bengal by a notification to extend the application of the Act to Jaintia and Naga and Khasi hills. X, a resident of Jaintia and Khasi hills, was arrested on charge of murder under the above Act and was sentenced to death. X challenged the application of the Act to the Khasi and Jaintia hills by the order of Bengal Governor on the ground that it was ultra vires, as the Governor had no powers to extend the Act. Will be succeed?
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Answer:

X can not challenge the application of the Central Act to the Khasi and Jaintia hills by the order of Bengal Governor on the ground that it was ultra vires.

 

The Central Act passed by the Indian legislature was a Conditional legislation empowering the Governor to extend the application of an existing law to a new area or territory and therefore valid.

 

As per the rules of delegated legislation, a conditional delegation is a valid delegation and if the Parent Act authorizes, the executive authorities can extend the operation of an existing law to a new area or territory,  determine the time of application of an Act to a new area, determine the extent of limits within which it should be operated,  extend the duration of temporary Acts, determine the date on which the operation of law comes into force etc.,

 

The facts of the case are similar to Queen Vs. Burah  wherein the Privy Council held that the Central Act passed by the Indian legislature was a Conditional legislation empowering the Governor to extend the application of an existing law to a new area or territory and hence valid.

Last Updated On January 31, 2018
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