In 2020 at Dhorodo village the Panchayat elections could not happen due to Covid pandemic while the tenure of the Panchayat was getting over. Mr. Haribansh represented the people and made a law exercising delegated power under the Panchayati Raj Act to restrict economic activities per day to 100 only. In which case is this allowed or restricted?
Explanation & Strategy
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MCD vs. Birla Cotton Mills is the leading case on the limits of delegated legislative power exercised by local authorities. It establishes that delegated legislation must be (1) within the scope of the parent statute, (2) reasonable, and (3) not ultra vires the enabling Act. In the given scenario, restricting economic activities to 100 per day through delegated power would be scrutinized under this framework for reasonableness and vires.
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