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In which case did the Supreme Court hold that 'essential legislative functions' cannot be delegated by the legislature to an outside authority?
Answer & Solution
Correct answer: A.
1. **In re Delhi Laws Act, 1912, AIR 1951 SC 332** is the foundational decision on the limits of delegated legislation in India.
2. The Court held that there is a limit beyond which delegation may not go: **essential powers of legislation or essential legislative functions cannot be delegated**.
3. The essential legislative function consists in laying down the **'policy of the law'** and making it a binding rule of conduct. Once policy is laid down, delegation of subsidiary or ancillary powers is constitutionally permissible.
4. *Hamdard Dawakhana* dealt with conditional legislation; *Ram Jawaya* discussed separation of powers; *Currin v. Wallace* is the source for the 'flexibility and practicability' justification of delegation.
_Source: ICSI CS Executive — Lesson 2, 'Delegated Legislation — Principles applicable', p. 74._
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