Supreme Court of India · 1975-08-26
STATE OF ANDHRA PRADESH & ANR. vs POTTA SANYASI RAO & ORS.
- Citation / case number
- SC 1974/60307
- Court
- Supreme Court of India
- Petitioner
- STATE OF ANDHRA PRADESH & ANR.
- Respondent
- POTTA SANYASI RAO & ORS.
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court held that the Andhra Pradesh Tyres and Tubes Dealers’ Licensing Order, 1973 was struck down as illegal and ultra vires, as the State Government lacked the authority to issue orders regarding commodities declared essential by the Central Government after the delegation of powers under Section 5 of the Essential Commodities Act, 1955. The Court clarified that the delegation of powers does not extend to commodities designated as essential after the delegation. The appeal by the State Government was dismissed, upholding the High Court's decision.