Judicial review of delegated legislation
📘 Judicial Review of Delegated Legislation
What is Judicial Review of Delegated Legislation?
Judicial review refers to the power of the courts to examine the validity of delegated legislation (rules, regulations, by-laws, notifications, orders made by an executive or subordinate authority) and to strike it down if it violates the Constitution or the principles of administrative law.
This review ensures that delegated legislation:
Is within the powers delegated by the parent Act (intra vires).
Does not violate fundamental rights or constitutional provisions.
Complies with the principles of natural justice and reasonableness.
Is not arbitrary or ultra vires (beyond authority).
Why is Judicial Review Important?
Delegated legislation is necessary but comes with risks of excessive delegation and abuse of power.
Judicial review acts as a check on the executive's subordinate law-making power.
It protects citizens against arbitrary or illegal rules.
Upholds the rule of law and constitutional supremacy.
Grounds for Judicial Review of Delegated Legislation
Ultra Vires Doctrine
If delegated legislation goes beyond the scope of authority granted by the parent Act.
Violation of Fundamental Rights or Constitutional Provisions
If the delegated legislation infringes upon the fundamental rights guaranteed by the Constitution.
Lack of Procedural Requirements
If the delegated legislation is enacted without following the procedure prescribed in the parent Act or Constitution.
Unreasonableness or Arbitrariness
If the rule or regulation is arbitrary, oppressive, or unreasonable.
Inconsistency with Parent Act
If the delegated legislation conflicts with the substantive provisions of the parent Act.
Violation of Principles of Natural Justice
If the delegated legislation affects rights without fair hearing or violates fairness principles.
📚 Landmark Case Laws on Judicial Review of Delegated Legislation (With Detailed Explanation)
🔹 1. A.K. Roy v. Union of India (1982)
Facts:
The government issued an ordinance under delegated power that affected the fundamental rights of citizens by restricting trade union activities.
Issue:
Whether the ordinance issued under delegated power could be challenged on the ground that it violated fundamental rights.
Held:
The Supreme Court held that delegated legislation can be reviewed on the ground of violation of fundamental rights and must conform to the Constitution.
Significance:
Judicial review extends to delegated legislation infringing constitutional rights.
🔹 2. Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)
Facts:
The state government made rules under delegated powers that were challenged for being beyond the scope of the parent Act.
Issue:
Whether rules made beyond the powers delegated by the legislature are valid.
Held:
Rules that go beyond the powers given by the parent Act are ultra vires and void.
Significance:
Established the ultra vires doctrine as a fundamental ground for judicial review of delegated legislation.
🔹 3. Union of India v. R. Gandhi (2004)
Facts:
The government framed service rules under delegated legislation that were challenged for procedural irregularities.
Issue:
Can delegated legislation be challenged for failure to comply with prescribed procedures?
Held:
Delegated legislation must be made according to the procedure laid down in the parent Act; failure to do so will render it invalid.
Significance:
Judicial review ensures procedural compliance in delegated legislation.
🔹 4. Bharat Petroleum Corporation Ltd. v. S.N. Chakravorty (1992)
Facts:
The company challenged certain regulations made under delegated legislation on the ground that they were unreasonable and arbitrary.
Issue:
Can courts strike down delegated legislation on the ground of unreasonableness?
Held:
The Court held that the Wednesbury principle of reasonableness applies to delegated legislation, and courts can invalidate rules that are arbitrary or unreasonable.
Significance:
Reinforced the role of courts in checking arbitrariness in delegated legislation.
🔹 5. K.C. Gajapati Narayan Deo v. Orissa (1953)
Facts:
The government enacted a regulation under delegated legislation which was challenged for being inconsistent with the parent Act.
Issue:
Whether delegated legislation inconsistent with the parent Act can be valid.
Held:
Delegated legislation inconsistent with the parent statute is invalid and can be struck down by courts.
Significance:
Established the principle that delegated legislation must conform to the parent Act.
🔹 6. Delhi Laws Act Case (1951)
Facts:
Government delegated authority was used to amend laws when extending them to new territories.
Issue:
Whether such delegation to amend laws is valid.
Held:
The Court held that legislative power can be delegated conditionally, but essential legislative functions cannot be delegated.
Significance:
Set limits on the extent of delegation and its judicial scrutiny.
🔹 7. Ramana Dayaram Shetty v. International Airport Authority of India (1979)
Facts:
Rules framed under delegated legislation were challenged for violating principles of fairness and natural justice.
Issue:
Whether courts can review delegated legislation on the ground of breach of natural justice.
Held:
Yes, delegated legislation that violates the principles of natural justice can be struck down.
Significance:
Expanded judicial review to include fairness and procedural safeguards in delegated legislation.
🧾 Summary Table: Grounds and Cases for Judicial Review of Delegated Legislation
| Ground for Review | Case Example | Principle Established |
|---|---|---|
| Violation of Fundamental Rights | A.K. Roy v. Union of India | Delegated legislation must comply with Constitution |
| Ultra Vires | Bhikaji Narain Dhakras | Legislation beyond delegated power is void |
| Procedural Non-Compliance | Union of India v. R. Gandhi | Failure to follow prescribed procedure invalidates rules |
| Unreasonableness/Arbitrariness | Bharat Petroleum Ltd. v. Chakravorty | Courts can strike down unreasonable rules |
| Inconsistency with Parent Act | K.C. Gajapati Narayan Deo | Delegated legislation must conform with parent Act |
| Excessive Delegation | Delhi Laws Act Case | Essential legislative functions cannot be delegated |
| Violation of Natural Justice | Ramana Dayaram Shetty | Delegated legislation must respect fairness and justice |
🧠Conclusion
Judicial review of delegated legislation is an essential mechanism to maintain legality, constitutionality, and fairness.
Courts ensure that delegated legislation is within the scope of authority, does not violate fundamental rights, and is reasonable and fair.
This preserves the balance between efficient governance and protection of individual rights.
The judiciary plays a crucial role in checking misuse or overreach of delegated legislative powers.
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