Laying procedure for delegated legislation
Laying Procedure for Delegated Legislation
What is Delegated Legislation?
Delegated legislation refers to rules, regulations, bylaws, orders, or statutory instruments made by an authority (usually the executive or a subordinate body) under powers delegated by the legislature (Parliament or State Legislature). This delegation allows the authority to make detailed laws within the framework of the parent Act.
Importance of the Laying Procedure
The laying procedure is a parliamentary control mechanism over delegated legislation. It requires that all delegated legislation made under a statute be laid before the legislature (Parliament or State Legislature). This ensures transparency and allows the legislature to scrutinize and, if necessary, annul or modify the delegated legislation.
Types of Laying Procedures
Generally, the laying procedure falls into three categories:
Negative Resolution Procedure:
Delegated legislation is laid before the legislature.
It will become law unless annulled within a specified period (usually 30 or 40 days).
Positive (or Affirmative) Resolution Procedure:
Delegated legislation must be expressly approved by the legislature before it becomes law.
No Laying Requirement:
Some delegated legislation may not require laying before the legislature, but this is exceptional.
Key Features of Laying Procedure
Mandatory Laying: The delegated legislation must be presented to the legislature within a certain time after it is made.
Time Period: Usually within 30-60 days.
Scrutiny: The legislature can discuss, approve, modify, or annul the legislation.
Accountability: Ensures executive is accountable for the delegated legislation.
Transparency: Public awareness and parliamentary oversight.
Case Laws on Laying Procedure and Delegated Legislation
1. A.K. Roy v. Union of India, AIR 1982 SC 710
Facts: The case dealt with the powers of the executive to issue notifications under delegated legislation.
Holding: The Supreme Court held that if the laying procedure is mandatory under the parent Act, failure to lay the delegated legislation before the legislature makes it invalid.
Significance: Reinforced the importance of the laying procedure as a parliamentary control mechanism.
2. Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857
Facts: The State Electricity Board challenged the validity of delegated legislation issued by the government.
Holding: The Court held that failure to comply with the laying procedure prescribed in the statute would render the delegated legislation invalid.
Significance: Laid down that the procedural requirement of laying is not a mere formality but a condition precedent for validity.
3. Bangalore Water Supply v. A. Rajappa, AIR 1978 SC 548
Facts: The government issued delegated legislation under the Electricity Supply Act without laying it before the legislature.
Holding: The Court struck down the delegated legislation for non-compliance with the mandatory laying procedure.
Significance: The decision emphasized that compliance with the procedural safeguards like laying is vital for the legality of delegated legislation.
4. K.C. Gopalan v. State of Madras, AIR 1950 SC 27
Facts: The case involved the challenge to delegated legislation made under the Madras Public Health Act.
Holding: The Supreme Court held that although the legislature delegates power, it cannot abdicate its control, and hence, the laying procedure is essential.
Significance: Asserted the principle that delegated legislation must be subject to parliamentary scrutiny via laying before the legislature.
5. Union of India v. H.S. Dhillon, AIR 1962 SC 1444
Facts: Delegated legislation was challenged on grounds including non-compliance with laying procedure.
Holding: The Court invalidated the rules made without proper laying before Parliament as required by the parent Act.
Significance: Confirmed that failure to comply with laying procedure affects the legality and enforceability of delegated legislation.
Summary of Importance
The laying procedure is a vital part of parliamentary control on delegated legislation.
It ensures that the executive does not misuse delegated powers.
Failure to comply with the laying procedure can lead to the invalidity of delegated legislation.
The courts have consistently held the laying procedure to be a mandatory procedural safeguard.
Case laws emphasize that the legislature retains ultimate control over the rules made under its delegated powers.
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