Supreme Court of India · 1954-05-21
RAJNARAIN SINGH vs THE CHAIRMAN, PATNA ADMINISTRATIONCOMMITTEE, PATNA, AND AN
- Citation / case number
- SC 1953/1433
- Court
- Supreme Court of India
- Petitioner
- RAJNARAIN SINGH
- Respondent
- THE CHAIRMAN, PATNA ADMINISTRATIONCOMMITTEE, PATNA, AND AN
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that Section 3(1)(f) of the Patna Administration Act, 1915, as amended by the Patna Administration (Amendment) Act, 1928, permits modification of laws by executive authority only if it does not alter essential features or change policy. The Court ruled that the Governor's notification extending Section 104 of the Bihar and Orissa Municipal Act, 1922, to Patna was ultra vires as it constituted a radical policy change. The judgment reaffirmed the principle that essential legislative functions cannot be delegated to the executive in a manner that alters legislative policy.