have rendered it convenient and practical, nay, necessary, for the legislatures to have frequent resort to the practice o{ delegatiug subsidiary or ancillary powers to delegates of their choice. The parliamentary procedure and discussion in getting through a legislative measure in the legislatures is usually time-com11ming. Again, sm:h measures cannot provide for ail possible contingencies biecause one cannot visualize various permutations and combinations of human conduct and behaviour. This explains the necessity for delegated or conditional legislation. Due to the challenge of the complex socio-economic probleins 'requiring speedy solution the power of delegation has by now, as per necessity, become a constituent lement of legislative power as a whole. The legal position as regards the limitations on this power is, however, no.longer in doubt. The delegation o',' legislative power is permissible only when the legislative policy and prinCiple is adequately laid down and the delegate is only empowered to carry out the subsidiary policy within the guidelines laid down by the legislature. The legislature, it must be borl)e in mind, cannot abdicate its authority and cannot pass on to soi.1e other body the obligation and the responsiblity imposed on it by the Constitution. It can only utilise other bodies or authorities for the purpose of working out the details within the essential principles laid down bv it. · In each case, therefore, it has to be seen if there is delegation of the essential legislative function or if it is merely a case in which some authority or biody other than the legislature is empowered to work out the subsidiary and ancillary details within the essential guidelines, policy and principles, laid down by the legislative wing of the Government. In the present case the relevam schedule read with s. 5 of Act No. 46 of 1948 clearly lays down the policy and the principle for framing the Scheme. Para 8 of the Coal Mines Bemus Scheme provides for the effect ·of participation in illegal strike and, in case a dispute arises as to whether a strike is legal or illegal for the purposes of the scheme, which authority, and according to what procedure, is to decide that dispute. This, in our view, is a matter of detail which is subsidiary or ancillary to the main purpose of the legislative measure for implementing the Scheme. It partakes of the character of subordinate legislation on ancillary matters falling within the conditions laid down in the aforesaid Act hy s. 5 read with the relevant Schedule. Para 8 of the Scheme is accordingly valid and it cannot be considered to amount to excessive delegation of legislative power. The chailenge on this score is, therefore. devoid of merit.
