THE STATE OF ASSAM vs A. N. KIDWAI, COMMISSIONER OF HILLSDIVISION AND APPEALS,

The Supreme Court ruled that Section 3(3) of the Assam Revenue Tribunal (Transfer of Powers) Act, 1948, and the subsequent Notification by the Provincial Government appointing an Appellate Authority were valid and not void. The Court clarified that Section 296(2) of the Government of India Act, 1935, merely authorized Governors to constitute appellate tribunals without mandating the Provincial Legislatures to do so. The High Court's view that this constituted an excessive delegation of legislative power was rejected, affirming the legality of the Appellate Authority's orders.