Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1954

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.

RAJNARAIN SINGH vs THE CHAIRMAN, PATNA ADMINISTRATIONCOMMITTEE, PATNA, AND AN · Niyam