PARLIAMENTARY DEBATES 117
is concerned the practice of saying that without prejudice to the generality of the foregoing powers such and such shall be rule-making power of the Government. Therefore, there has been no express limitation to the extent and scope of delegated legislation in any legislature in the world so far as is known.
Mr. Deputy Speaker : They have not even indicated the subjects here.
Pandit M. B. Bhargava : The Law Minister was pleased to remark that before the judgment of the Federal Court there was no decision laying down anything contrary to the practice prevalent. I would like to point out that the judgment of their Lordships of the Federal Court is itself based upon the Privy Council decision reported in 1945 Federal Law Journal, page 1. It is on the basis of that authority that the Federal Court has laid down the proposition.
I would also like to know whether the matter is before the Supreme Court and whether a decision of the Federal Court does not bind this Government until and unless it has been superseded or set aside by the Supreme Court.
Mr. Deputy Speaker : Is there an appeal from the Federal Court to the Supreme Court ?
Dr. Ambedkar : No. The Federal Court has ceased to exist.
Babu Ramnarayan Singh (Bihar) : Could the Hon. Minister cite the article of the Constitution in this regard ?
Dr. Ambedkar : The Parliament has plenary powers. It can do anything with the legislative power that it possesses. It can use it itself or ask someone else to use it on its behalf in certain circumstances. There is no prohibition imposed on it.
Shri Hossain Imam (Bihar) : I should like to have some light thrown on the fact that this is not a peculiar situation that has arisen just now. The Chief Commissioners’ Provinces are administered by the Centre. We can extend the power of the Chief Commissioner by notification as was the practice in the past or it can be done by means of legislation as may be done now. But the question is who is to be empowered ?