Astudy on legislative control over delegated legislation
Legislative Control Over Delegated Legislation
Introduction
Delegated legislation refers to laws or rules made by an authority other than the legislature, under powers conferred by a statute.
Since the legislature delegates power to the executive or other bodies to make detailed rules, there is always a risk of misuse or overreach.
Therefore, legislative control is essential to ensure that delegated legislation stays within the limits prescribed by the parent Act.
Legislative control is a mechanism to supervise, scrutinize, and restrict delegated legislation to maintain constitutional balance and prevent abuse.
Modes of Legislative Control
Control by Enabling Act:
The parent Act itself provides guidelines and limits within which the delegated legislation can be made.
The legislature may specify the scope, procedure, and extent of delegation.
Example: The delegated legislation must conform to the purpose of the parent Act.
Publication and Laying Before the Legislature:
Most delegated legislation must be published officially (e.g., in the Gazette).
They are often laid before Parliament or State Legislatures for a specified period for scrutiny.
Affirmative Resolution Procedure:
Some delegated legislations need express approval by the legislature before coming into effect.
Negative Resolution Procedure:
Delegated legislation becomes effective immediately but can be rejected by the legislature within a certain period.
Repeal or Amendment by Legislature:
The legislature retains the power to amend or repeal any delegated legislation.
Judicial Review:
Courts may strike down delegated legislation that exceeds or abuses delegated powers (ultra vires).
Important Case Laws Explaining Legislative Control Over Delegated Legislation
1. A.K. Roy v. Union of India (1982)
Facts: The petitioner challenged the constitutional validity of the Emergency provisions, particularly the ordinances issued during the Emergency.
Held: The Supreme Court observed that delegated legislation must be within the limits laid down by the Constitution and the parent Act.
Significance: The Court emphasized that legislative control acts as a check on the misuse of delegated powers, especially in extraordinary circumstances.
2. Gujarat State Road Transport Corporation v. Gujarat State Transport Authority (1969)
Facts: The petitioner challenged rules framed by the Transport Authority alleging they were beyond the scope of enabling legislation.
Held: The Supreme Court held that delegated legislation must conform strictly to the provisions of the enabling Act.
Significance: Established the principle that delegated legislation exceeding the powers granted by the legislature is void.
3. In Re Delhi Laws Act (1951)
Facts: The case involved the legislative competence and control over delegated legislation under the Delhi Laws Act.
Held: The Court stressed the importance of the legislature maintaining control over delegated legislation by framing clear guidelines.
Significance: Highlighted the need for detailed procedural and substantive guidelines in the enabling Act.
4. Rupa Ashok Hurra v. Ashok Hurra (2002)
Facts: The challenge was against arbitral tribunal rules framed under delegated powers.
Held: The Supreme Court reiterated that delegated legislation must adhere to the procedure and limits prescribed by the legislature.
Significance: Affirmed that the legislature controls delegated legislation through procedural safeguards and judicial scrutiny.
5. Union of India v. R. Gandhi (2010)
Facts: The challenge was to certain rules framed by the Railway Board under delegated authority.
Held: The Court emphasized that delegated legislation must not violate the constitutional rights and must follow legislative instructions.
Significance: Strengthened the principle that legislative control is vital to prevent arbitrary executive action.
6. Barium Chemicals Ltd. v. Company Law Board (1967)
Facts: The Company Law Board framed rules under powers delegated by the Companies Act.
Held: The Supreme Court held that rules must be consistent with the parent Act and cannot override it.
Significance: Established limits on delegated legislation when conflicting with the primary legislation.
Judicial Approach to Legislative Control
The courts have developed the doctrine of ultra vires to invalidate delegated legislation that:
Goes beyond the scope of powers granted by the parent Act.
Violates fundamental rights or constitutional provisions.
Is unreasonable, arbitrary, or violates natural justice.
Courts ensure that delegated legislation respects the supremacy of the legislature.
Judicial review acts as a safeguard against legislative overreach.
Conclusion
Legislative control over delegated legislation is essential to maintain the constitutional balance of power.
It prevents misuse of delegated powers by requiring clear guidelines, publication, and parliamentary scrutiny.
Through affirmative and negative resolution procedures, repeal powers, and judicial review, the legislature exercises control.
Case law firmly establishes that delegated legislation must conform to the enabling Act and the Constitution.
Any delegated legislation exceeding its authority or violating constitutional principles is subject to being struck down.
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