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Excessive Delegation

Constitutional & Public Law Doctrines

Definition

A constitutional doctrine providing that the legislature cannot surrender its essential legislative functions (such as laying down primary legislative policy and standards) to executive bodies; an Act doing so is unconstitutional.

Example

In the Delhi Laws Act (1951) case, the Supreme Court affirmed that Parliament cannot pass an open-ended statute permitting the executive to modify or repeal existing primary statutes at its whim without clear statutory boundaries.