The judges said a delegated power to legislate by making rules, for carrying out the purposes of the Act, was general in nature, without laying any guidelines. “It cannot be so exercised as to bring into existence substantive rights or obligations or disabilities not contemplated by the provisions of the act,” they said.
The court said there was considerable force in the arguments advanced by senior counsel for the petitioners for granting interim relief sought. The judges were not in agreement with the Assistant Solicitor General that a presumption was in favour of the central government when a particular rule was introduced not by Parliament, but by the Executive.
The counsel for the Centre argued that the aim of the notification was to regulate animal markets. However, the court stayed the Centre’s order and issued notices to both the Centre and state government, asking them to respond in four weeks.