LEGAL PRINCIPLE: A power conferred by a statute cannot be withdrawn by a subordinate legislation.

FACTUAL SITUATION: The Cinematograph Act conferred power upon the District Magistrate (DM) to grant license subject to the control of the government. The government framed Rules that the licensing power stood transferred to the Government itself and the District Magistrate was rendered powerless. Whether such Rules are valid?

DECIDE.

The licensing power was granted by the Cinematograph Act. Any withdrawal or transfer thereof was possible only through an Amending Act and not by any Rules made under the Parent Act.

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Although the legislature has conferred power upon the DM to grant license but the government being the implementing agency might find it unfeasible. Therefore, the government rightly withdraw it from the DM.

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The Rules are valid since the DM under the Parent Act was not independent but subject to the control of Government

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None of these.

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Solution

The correct option is A The licensing power was granted by the Cinematograph Act. Any withdrawal or transfer thereof was possible only through an Amending Act and not by any Rules made under the Parent Act.
A is the correct option.
No individual, other than those approved to do as such by permit or by ideals of exception or approved to or absolved by some other authority under the licensing act. Where any distinction or question emerges regarding the authority by statue will rule and be followed.

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