Delegation of legislative power upheld: executive may notify commencement or scope without usurping legislative policy.

The article addresses whether a statutory proviso permitting the executive to notify that District Courts exercise Companies Act jurisdiction amounts to unlawful delegation. It reasons that the legislature made the core policy choice to vest District Courts with jurisdiction and the proviso merely empowers the executive to specify timing and scope by notification. Because the delegation is confined to implementing an already-determined legislative policy, it is not an impermissible transfer of primary legislative power; the District Court's jurisdiction to hear the winding-up petition is therefore sustained and the challenge to that jurisdiction is rejected.

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Issues: Whether the proviso to Section 3 of the Indian Companies Act which permits the Government by notification to empower a District Court to exercise jurisdiction under the Act is invalid as an unlawful delegation of legislative power.

Analysis: The statute expressly assigns to the legislature the policy choice that District Courts may be invested with the Companies Act jurisdiction; the proviso delegates to the executive only the power to make that decision operative by specifying the time and scope through a notification. This delegation confines the executive to implementing a legislative policy already determined by the legislature rather than leaving the legislative question of jurisdiction to executive determination. A prior decision distinguishing a provision that left the question of increased jurisdiction to the executive is distinguishable because in the present provision the legislature has already fixed the policy and reserved only the timing of its operation to the executive.

Conclusion: The proviso to Section 3 of the Indian Companies Act is valid and does not constitute an unlawful delegation of legislative power; the District Court of Poona has jurisdiction to entertain the winding up petition, and the revision challenging that jurisdiction is dismissed in favour of the respondent.

Ratio Decidendi: A legislative provision that determines the policy question and merely entrusts the executive with the limited function of bringing that policy into effect at a chosen time by notification is not an invalid delegation of legislative power.

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