Parliamnetary control over Delegated Legislation & substantive ultra vires: A comparison
🔹 Parliamentary Control Over Delegated Legislation & Substantive Ultra Vires – A Comparison
🔸 Introduction
In modern governance, the Legislature often delegates law-making powers to the Executive to make rules, regulations, by-laws, and notifications. This is called delegated legislation.
However, to ensure that this delegated power is not abused, there are two major controls:
Parliamentary Control – Political and procedural oversight by the legislature.
Judicial Control via Substantive Ultra Vires – Courts check whether the delegated legislation exceeds the limits set by the parent statute.
Both controls ensure that delegated legislation stays within constitutional and statutory boundaries.
🔸 I. Parliamentary Control Over Delegated Legislation
➤ Meaning:
Parliamentary control refers to the mechanisms and procedures used by the legislature to oversee and regulate the delegation of legislative powers to the executive.
➤ Types of Parliamentary Control:
Laying Procedure:
Simple Laying: Rules are laid before Parliament for information.
Laying with Negative Resolution: Rules come into effect unless annulled within a specific time.
Laying with Affirmative Resolution: Rules come into effect only after approval by Parliament.
Scrutiny Committees:
E.g., Committee on Subordinate Legislation (Lok Sabha & Rajya Sabha).
Examines whether delegated legislation exceeds the scope of the parent Act.
Debates and Questions:
Members can ask questions or initiate discussions about rules made by the executive.
Amendment or Repeal of Parent Act:
Parliament can amend the enabling Act to limit or withdraw delegated powers.
➤ Purpose:
To ensure accountability, transparency, and prevention of executive overreach.
🔸 II. Substantive Ultra Vires
➤ Meaning:
When delegated legislation goes beyond the scope of the powers granted by the parent statute, it is said to be substantively ultra vires and void.
➤ Features:
Courts examine whether the substance or content of the rule/regulation is within the authority granted by the enabling Act.
If not, the rule is struck down as ultra vires (beyond powers).
This is a judicial safeguard against executive excess.
➤ Grounds:
Inconsistency with the parent Act.
Violation of Fundamental Rights.
Contravention of constitutional provisions.
🔸 Key Differences – Comparison Table
| Basis | Parliamentary Control | Substantive Ultra Vires |
|---|---|---|
| Nature | Political/legislative oversight | Judicial review |
| Who exercises control? | Parliament/Legislature | Courts (Judiciary) |
| Stage of control | Generally before or after rule is made | Usually after rule is made & challenged |
| Focus | Procedure, scope, and accountability | Substance and legality of the rule |
| Remedy | Annulment, amendment | Rule declared void |
| Examples | Committee reports, debates | Court judgments |
🔸 Important Case Laws
1. In Re: Delhi Laws Act (1951)
Issue:
Challenge to excessive delegation of legislative powers to the executive.
Holding:
The Supreme Court upheld conditional legislation but stated that essential legislative functions (like policy formulation) cannot be delegated.
Importance:
Laid foundation for permissible limits of delegation.
Suggested Parliament must retain control over core legislative functions.
2. Raj Narain v. Chairman, Patna Administration Committee (1955)
Issue:
Challenge to municipal rules framed under delegated authority.
Holding:
Court held that if delegated legislation contradicts or exceeds the parent Act, it is substantively ultra vires.
Importance:
Example of judicial control through substantive ultra vires.
3. Chintaman Rao v. State of Madhya Pradesh (1950)
Issue:
A regulation under the Central Provinces Act banned handloom weaving.
Holding:
The Supreme Court held the regulation violated the fundamental right to carry on trade and was therefore ultra vires.
Importance:
Showed how courts strike down delegated legislation violating fundamental rights.
4. Agricultural Market Committee v. Shalimar Chemical Works Ltd. (1997)
Issue:
Market fees imposed under delegated powers exceeded the limits set by the Act.
Holding:
Court held that the rule was beyond the competence of the authority and hence ultra vires.
Importance:
Reinforced that delegated powers cannot be used to impose unauthorized burdens.
5. State of Tamil Nadu v. P. Krishnamurthy (2006)
Issue:
Challenge to a government notification under delegated authority.
Holding:
Laid down grounds for challenging delegated legislation, including:
Lack of authority
Violation of fundamental rights
Arbitrariness
Repugnancy to parent statute
Importance:
Summarized the entire doctrine of judicial review of delegated legislation.
Key case for understanding substantive and procedural ultra vires.
🔸 Conclusion
Parliamentary control is preventive and political, ensuring that the delegated powers are not misused before or shortly after rules are made.
Substantive ultra vires is a judicial remedy that checks if rules or regulations made by the executive go beyond the statutory mandate or violate the Constitution.
Both are necessary to maintain democratic accountability and uphold the rule of law.
Together, they create a balanced system of control over delegated legislation.
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