https://www.taxtmi.com/caselaws?id=172861 Clauses (b) and (f) of Regulation 6A introducing open-ended disqualifications for electricity trading licences were held to exceed the scope of the Electricity Act, 2003, because delegated legislation cannot create substantive disabilities not authorised by the parent statute; the clauses were therefore ultra vires. The same clauses were also found unconstitutional under Articles 14 and 19(1)(g) because they relied on vague, subjective and undefined standards such as "fit and proper person", financial integrity and general fitness, leaving excessive discretion and creating arbitrariness in licensing. The licensing regime had to be reconsidered without applying the struck-down clauses. en-us Mon, 11 May 2009 00:00:00 +0530 Mon, 02 Nov 2015 08:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172861 Clauses (b) and (f) of Regulation 6A introducing open-ended disqualifications for electricity trading licences were held to exceed the scope of the Electricity Act, 2003, because delegated legislation cannot create substantive disabilities not authorised by the parent statute; the clauses were therefore ultra vires. The same clauses were also found unconstitutional under Articles 14 and 19(1)(g) because they relied on vague, subjective and undefined standards such as "fit and proper person", financial integrity and general fitness, leaving excessive discretion and creating arbitrariness in licensing. The licensing regime had to be reconsidered without applying the struck-down clauses. Case-Laws Indian Laws Mon, 11 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172861