BHUSHAN LAL Vs. STATE

JUDGEMENT

(1.) Two questions have been referred to this Full Bench :

(2.) The Essential Supplies (Temporary Powers) Act, XXIV [24] of 1946 was passed by the Central Legislature as it was constituted under the Government of India Act, 1935. Under entries 27 and 29 of List 2 of the Government of India Act trade and commerce within the province and production, supply and distribution of goods were Provincial subjects. By the India (Central Government and Legislature) Act, 1946, 9 and 10, George VI, Chap. 39, the Central Legislature was empowered to make laws with respect to trade and commerce in, and the production, supply and distribution of, certain specified goods. In exercise of the power thus conferred on it, the Central Legislature passed the Essential Supplies Act for controlling the production, supply and distribution of, and trade and commerce in those goods.

(3.) The original Act was for a period of one year. Questions about its validity on the grounds of its extension from time to time were considered by the Supreme Court in Joylal Agarwala v. The State, A. I. R. 1951 S. C. 484 and it was held that the Act was not invalid on that ground. The validity of Sections 3, 4 & 6 of the Act on the ground that they purport to delegate essential powers of legislation has not yet been considered by the Supreme Court. This is the question that falls to be considered in the present reference.