Moot Point: Delegation of Power under Article 14
admin clat_ug advanced mcq_debateMe and my friend have been arguing over this question and we can't seem to agree. It's from CLAT UG's past paper. Help us settle this!
Question: X, a public servant, is authorized by the State Legislature to impose taxes for local municipal purposes under Article 280 of the Constitution. Can X's decision of imposing a certain tax be challenged on the ground of discrimination under Article 14? Justify your answer.
Arguments:
My friend (let's call him Rohan) says: Yes, X's decision can be challenged as it amounts to legislative delegation of power in the form of a general authority to impose taxes. This is a clear case of legislative delegation which is ultra vires.
I say: No, X's decision can't be challenged.
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