Control Mechanishm of deligated Legislations: Parliamentary, procedural judcial
🔹 What is Delegated Legislation?
Delegated legislation (also known as subordinate or secondary legislation) refers to laws made by the executive or subordinate authorities under powers given to them by the legislature. Since delegation involves giving law-making powers to non-legislative bodies, it is subject to checks and balances to prevent misuse or overreach.
🔹 Why Control is Necessary?
Prevent abuse of power by the executive
Ensure compliance with the Constitution
Maintain democratic accountability
Preserve the separation of powers
Avoid excessive delegation
🔹 Three Main Control Mechanisms
1. Parliamentary Control
2. Procedural Control
3. Judicial Control
🔹 1. Parliamentary Control Over Delegated Legislation
🔸 Nature:
The legislature supervises the delegated legislation by:
Prescribing limitations in the parent Act
Reviewing the rules and regulations made
Setting up committees to scrutinize delegated legislation
🔸 Tools of Parliamentary Control:
Laying Procedure (Mandatory or optional)
Revocation or modification of rules by Parliament
Question Hour and Debates in Parliament
Committee on Subordinate Legislation (Lok Sabha & Rajya Sabha)
✅ Case 1: Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149
Facts:
Rules under the Haryana General Sales Tax Act were laid before the legislature, but not debated.
Held:
The Supreme Court emphasized that rules must be properly laid before the legislature as per the enabling statute. Failure to follow this can render them void.
Significance:
Validates laying procedure as essential for legislative oversight.
✅ Case 2: Jan Mohammed v. State of Gujarat, AIR 1966 SC 385
Facts:
The State issued rules without laying them before the Assembly, as required.
Held:
The Court held that non-compliance with the laying procedure can invalidate delegated legislation.
Significance:
Reinforces the binding nature of parliamentary scrutiny.
🔹 2. Procedural Control Over Delegated Legislation
🔸 Nature:
The parent Act may prescribe procedures for making delegated legislation, such as:
Consultation with stakeholders
Publication in official gazette
Prior approval from other authorities
Laying and tabling procedures
These procedural safeguards ensure transparency and accountability.
✅ Case 3: Narendra Kumar v. Union of India, AIR 1960 SC 430
Facts:
Delegated legislation restricted trade. It was challenged on the ground that procedural safeguards weren’t followed.
Held:
The Court upheld the rules but noted that procedural requirements (e.g., publication and notification) must be followed if expressly required.
Significance:
Establishes that non-compliance with mandatory procedures may render rules invalid.
✅ Case 4: D.K. Trivedi v. State of Gujarat, AIR 1986 SC 1323
Facts:
The state issued rules under the Mines Act without consulting relevant authorities as required.
Held:
Court held that failure to follow prescribed consultative procedures can make delegated legislation invalid.
Significance:
Demonstrates that procedural safeguards are not mere formalities.
🔹 3. Judicial Control Over Delegated Legislation
🔸 Nature:
The courts have the power to review delegated legislation to ensure:
It stays within the scope of the enabling Act
It does not violate fundamental rights
It is not arbitrary or unreasonable
This is exercised through judicial review.
Grounds for Judicial Review:
| Ground | Explanation |
|---|---|
| Ultra vires (Substantive) | Rule exceeds the authority granted in the parent Act |
| Ultra vires (Procedural) | Procedure prescribed by law not followed |
| Violation of Fundamental Rights | Rule contradicts Part III of the Constitution |
| Arbitrariness or Unreasonableness | Rule lacks rational basis or is excessive |
✅ Case 5: Delhi Laws Act Case, AIR 1951 SC 332
Facts:
A key case where the Supreme Court assessed whether Parliament could delegate legislative powers to the executive.
Held:
The Court held that essential legislative functions (like policy-making) cannot be delegated, but conditional and subordinate legislation is valid if within limits.
Significance:
Lays the constitutional foundation for delegated legislation and its limits.
✅ Case 6: Ajoy Kumar Banerjee v. Union of India, AIR 1984 SC 1130
Facts:
Rules made by the executive were challenged as being beyond the scope of the parent statute.
Held:
The Court struck down the rules as ultra vires, i.e., beyond the delegated authority.
Significance:
Judicial affirmation that delegated legislation must stay within the framework set by Parliament.
✅ Case 7: Indian Express Newspapers v. Union of India, AIR 1986 SC 515
Facts:
Challenged imposition of customs duty on newsprint via delegated legislation.
Held:
Supreme Court held that delegated legislation is subject to reasonableness and non-arbitrariness, especially when it affects fundamental rights like freedom of speech.
Significance:
Expands judicial control to test of reasonableness under Article 14 and 19.
🔹 Summary Table
| Type of Control | Mechanism | Key Cases |
|---|---|---|
| Parliamentary | Laying procedure, debates, committee review | Atlas Cycle, Jan Mohammed |
| Procedural | Publication, consultation, prior approval | Narendra Kumar, D.K. Trivedi |
| Judicial | Judicial review for ultra vires, fundamental rights | Delhi Laws Case, Ajoy Kumar Banerjee, Indian Express |
🔹 Conclusion
Control over delegated legislation is vital to uphold constitutional principles, ensure accountability, and prevent executive overreach. In India, Parliamentary, Procedural, and Judicial controls work in tandem to ensure that the power delegated by the legislature is not misused, remains within legal boundaries, and respects the rights of citizens.
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