Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A power conferred by a statute cannot be withdrawn by subordinate legislation.
FACTUAL SITUATION: The Cinematograph Act conferred powers upon the District Magistrate (DM) to grant license subject to the control of the government. The government framed Rules under the said Act. The effect of these Rules was that the licensing power stood transferred to the Government itself and the District Magistrate was rendered powerless. Whether such Rules are valid?
DECISION :
Options
The licensing power was granted by the Cinematograph Act. Any withdrawal or transfer thereof was possible only through an Amending Act and not by any Rules made under the Parent Act.
Although the legislature has conferred power upon the DM to grant license but the government being the implementing agency might find it unfeasible. Therefore, the government rightly withdrew it from the DM.
The Rules are valid since these are framed under the Parent Act in order to better implement it.
The Rules are valid since the DM under the Parent Act was not independent but subject to the control of Government
Solution
The licensing power was granted by the Cinematograph Act. Any withdrawal or transfer thereof was possible only through an Amending Act and not by any Rules made under the Parent Act.
Explanation:
The licensing power was granted by the Cinematograph Act. Any withdrawal or transfer thereof was possible only through an Amending Act and not by Rules made under the Parent Act.
