HAMDARD DAWAKHANA (WAKF) LAL KUAN, DELHI AND ANOTHER VS. UNION OF INDIA AND OTHERS (AIR 1960 SC 554)

AUTHOR – BHAVYA SINGH, O.P JINDAL GLOBAL UNIVERSITY

BEST CITATION – BHAVYA SINGH, HAMDARD DAWAKHANA (WAKF) LAL KUAN, DELHI AND ANOTHER VS. UNION OF INDIA AND OTHERS (AIR 1960 SC 554), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1292-1296, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In the case of Hamdard Dawakhana (Wakf) Lal Kuan, Delhi and Another v. Union of India and Others ,^[1] the Supreme Court emphasized the executive’s role in determining the efficacy of legislatively established norms, as well as how condition legislation comes into effect as an uncodified law that has taken on paramount importance in the operation of the nation’s institutions. 
Conditional legislation permits the government to enforce existing laws in certain circumstances while denying the right to enact new laws. 
This legislative approach enhances law enforcement by providing greater flexibility in execution. Governments can address major implementation difficulties, such as time and breadth, which are critical to the success of modern social welfare programs. It is obvious that parliament is not always available to make decisions on minor issues of processing laws, or when there is a need for adaptability, such as in crisis situations or natural disasters, or when the need for specialists in specialized issues cannot be overlooked, that delegated legislation comes in handy. However, the question that emerges is how and when the concept of conditional legislation is understood in legal systems. So, even though the executive is provided with power to enforce existing laws, there still exists specified instances of conditional legislation to be exercised judiciously to avoid overstepping delegated powers and risking nullification of actions.

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[1]  Hamdard Dawakhana (Wakf) Lal Kuan, Delhi and Another v. Union of India and Others, (AIR 1960 SC 554)