116 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
regard. So it is left practically to the free will and pleasure of the Parliament. The modus operandi to be followed is the only thing that can be under dispute, whether the modus operandi should be that all these enactments should form part of the schedule attached to this Bill, with such powers as we normally give to the executive by means of what is called delegated legislation, to make rules, etc. or the procedure that is now followed. As the Law Minister has mentioned, this procedure has been followed over a period of years and I am not sure, in the absence of any express instruction to the contrary in the Constitution, how this can be held to be void by any court. So far as delegated legislation is concerned the exact quantum, nature and extent of delegation is not defined by any legislature in the world. It varies from time to time. In the absence of any provision so far as Part C States are concerned which expressly prohibits enacting any type of law that Parliament likes and to delegate such powers as it wants to the Central Government, there could be no objection at the present stage to the Bill being passed by this House.
Mr. Deputy Speaker : The general laws are enacted in a Bill—and power is given to the Government to fill in the details and make the rules.
Dr. Ambedkar : The provision in the Bill is that there are laws already existing on any subject. The laws are already existing in certain Provinces.
Mr. Deputy Speaker : Is it not for the Parliament to choose which law is to be applied ?
Dr. Ambedkar : If Parliament wants it can do it but Parliament entrusts the power to the executive, which has to choose from the existing laws.
Shri T. T. Krishnamachari : The Committee on Ministers’ Powers which was constituted by the House of commons to go into this particularly vexed question, what was called Star Chamber Legislation, in the thirties, indicated that it would be preferable for the Government of the day to give an outline as to how far they are going to use the delegated power and that is why we are following so far as ordinary legislation