Question

Choose the most appropriate option.
Where an Act confers a jurisdiction, it impliedly also grants _______________, as are essentially necessary to its execution.

• A. The budgetary allocation and appropriation.
• B. Untrammelled administrative power.
• C. The power of doing all such acts, or employing such means.
• D. Unrestricted discretionary power.

Hint:

The doctrine of implied powers ensures that statutory authorities are not rendered helpless due to omissions of minor administrative details in the enabling text.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question refers to the doctrine of "implied powers" and "implied authority" under the Interpretation of Statutes.

Step 2: Key Principles and Statutory Provisions:
The Doctrine of Implied Powers states that when the law commands something to be done, it also authorizes the necessary means to achieve it.
This is captured by the legal maxim "Quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest".

Step 3: Detailed Explanation and Analysis:

• When an Act confers a specific jurisdiction or imposes a statutory duty on an authority, it does not need to list every single micro-action required to execute that duty.

• By conferring the jurisdiction, the law impliedly grants the power to do all such acts or employ all such reasonable means as are essentially necessary for its execution.

• For example, a court given the power to decide a dispute has the implied power to summon witnesses and enforce order, even if not explicitly detailed in every enabling clause.

• Budgetary allocation (Option A) is a separate constitutional exercise and cannot be implied.
"Untrammelled" or "unrestricted" powers (Options B and D) violate the principles of administrative law and constitutional checks and balances.

Step 4: Final Answer:
The implied grant is the power to do all necessary acts or employ necessary means (Option C).