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Articles for Delegated Legislation

Broadcasting Bill 2023 relies too much on delegated legislation: Industry bodies to MIB
5 months ago

Broadcasting Bill 2023 relies too much on delegated legislation: Industry bodies to MIB

Hindustan Times  

Multiple industry bodies and civil societies criticised the Broadcasting Services Bill for relying too much on delegated legislation, having ambiguous definitions, creating a pre-censorship regime through pre-certification of content, and not distinguishing between streaming services and traditional broadcasters among a host of other issues, according to RTI documents made public by digital rights organisation Internet Freedom Foundation on Tuesday. NBDA …

Streaming Services Services Internet Digital Current Affairs Content Bill
Delegated Legislation Which Is Ultra Vires The Parent Act Cannot Be Given Any Effect : Supreme Court
2 years ago

Delegated Legislation Which Is Ultra Vires The Parent Act Cannot Be Given Any Effect : Supreme Court

Live Law  

The Supreme Court observed that a delegated legislation which is ultra vires the parent Act cannot be given any effect.It is the function of the courts to keep all authorities within the confines of the law by supplying the doctrine of ultra vires, the bench of Justices Dinesh Maheshwari and J B Pardiwala observed while allowing an appeal filed by …

Supreme Court Court Regulation Electricity Ultra Vires Power Act
Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 1 month ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

India Karnataka Kerala Supreme Court High Court Writ Petition Appeal
Plea Before Kerala High Court Assails Part II Of IT Rules, 2021, Says It Exceeds The Bounds Of Delegated Legislation
3 years, 2 months ago

Plea Before Kerala High Court Assails Part II Of IT Rules, 2021, Says It Exceeds The Bounds Of Delegated Legislation

Live Law  

A petition has been filed in the Kerala High Court challenging certain provisions of the Information Technology Rules, 2021.When the plea came before Justice P.V Kunhikrishnan, the Centre submitted that it was taking steps to file a petition before the Supreme Court in this regard. A petition has been filed in the Kerala High Court challenging certain provisions of the …

Technology India Media Court Information Kerala High Court Rules
Delegated Legislation That Are Forbiddingly Excessive Or Disproportionate Can Also Be Manifestly Arbitrary: Supreme Court In Franklin Templeton Case
3 years, 5 months ago

Delegated Legislation That Are Forbiddingly Excessive Or Disproportionate Can Also Be Manifestly Arbitrary: Supreme Court In Franklin Templeton Case

Live Law  

Delegated legislations that are forbiddingly excessive or disproportionate can also be manifestly arbitrary, the Supreme Court observed in the order passed in Franklin Templeton case today.The bench comprising Justices S. Abdul Nazeer and Sanjiv Khanna, however, held that the Securities and Exchange Board of India Regulations, 1996 under challenge do not suffer from the vice. Delegated legislations that are forbiddingly …

Supreme Court Court Regulation Regulations Legislation Mutual Funds Arbitrary
Raising Of IBC Threshold : Retrospective Or Prospective?
4 years, 9 months ago

Raising Of IBC Threshold : Retrospective Or Prospective?

Live Law  

On 24th March 2020, a press conference was held by the Union Finance Minister, Nirmala Sitaraman, at which she set out various decisions that were to be taken by the Government to combat the economic crises that has arisen due to the COVID-19 pandemic. " Neither the proviso to Section 4 nor the Rule making power under Section 239 of …

Legal General Constitution Power Statutory Rule Apply