A study on Legislative Control over Delegated Legislations
⚖️ A Study on Legislative Control over Delegated Legislation
I. Introduction
Delegated legislation (also known as subordinate or subsidiary legislation) refers to rules, regulations, orders, or by-laws made by persons or bodies other than the legislature, under powers delegated to them by an Act of Parliament or State Legislature.
Since delegated legislation is created by authorities other than the legislature, legislative control over this delegated lawmaking is vital to ensure:
The delegated powers are exercised within limits.
Laws made are consistent with the parent Act.
Delegated legislation does not override or contravene the intent of Parliament.
Protection of fundamental rights and public interest.
II. Importance of Legislative Control
Maintains parliamentary sovereignty.
Prevents arbitrariness or abuse of power by the executive or subordinate authorities.
Ensures accountability and transparency in delegated lawmaking.
Enables scrutiny and amendment or annulment of delegated legislation.
III. Methods of Legislative Control
1. Enabling Act’s Guidelines
The parent Act must specify clear principles and policies for delegated authorities.
Limits the scope and manner of delegated legislation.
2. Publication and Laying Before Legislature
Delegated legislation must be published or laid before Parliament/State Legislature.
Enables legislators to examine the content and implications.
3. Affirmative Resolution Procedure
Some delegated legislation requires express approval of Parliament or Legislature before coming into effect.
4. Negative Resolution Procedure
Delegated legislation becomes effective unless annulled or disapproved within a stipulated period by the legislature.
5. Parliamentary Committees
Committees like the Joint Committee on Statutory Instruments review delegated legislation for legality, scope, and consistency.
They report irregularities or recommend annulment.
6. Judicial Review
Though judiciary is not part of legislature, it complements legislative control by invalidating ultra vires delegated laws.
IV. Limitations of Legislative Control
Volume of delegated legislation may overwhelm Parliament’s capacity to review each regulation thoroughly.
Negative resolution procedures may result in many regulations coming into force without effective scrutiny.
Sometimes broad delegations reduce detailed parliamentary oversight.
V. Important Case Laws on Legislative Control over Delegated Legislation
1. Khanna v. Union of India, AIR 1951 SC 332
Facts:
The central government was empowered to make rules under a statute, but the rules made were challenged for lack of clear guidelines in the parent Act.
Holding:
The Supreme Court held that delegation without clear principles and policies amounts to excessive delegation and is invalid.
Significance:
Emphasized the need for legislative guidance and control over delegated powers.
Parliament must lay down intelligible principles.
2. A.K. Roy v. Union of India, AIR 1982 SC 710
Facts:
Parliament delegated powers to the executive to ban certain organizations without detailed legislative guidelines.
Holding:
The Court stated that delegation is permissible, but legislature must provide clear policies or guidelines for exercise of delegated powers.
Significance:
Reinforces legislative control by prescribing limits.
Prevents arbitrary use of delegated powers.
3. R.K. Garg v. Union of India, AIR 1981 SC 1675
Facts:
Delegation of power to the executive was challenged for being too broad and vague.
Holding:
The Supreme Court ruled that broad and uncontrolled delegation violates the doctrine of separation of powers and Parliament must exercise control through clear legislative standards.
Significance:
Legislative control through principled delegation is constitutionally required.
4. Bengal Immunity Co. Ltd. v. State of Bihar, AIR 1955 SC 661
Facts:
Challenged a delegated legislation on the ground that the enabling Act gave unchecked powers.
Holding:
Court held that delegated legislation is valid only if the parent Act gives adequate parliamentary control and safeguards.
Significance:
Legislative control acts as a constitutional safeguard.
Without it, delegated laws can be struck down.
5. K.C. Gajapati Narayan Deo v. State of Orissa, AIR 1953 SC 55
Facts:
The issue was whether delegated legislation made under the parent Act was valid.
Holding:
The Court stated that if the parent Act imposes sufficient controls and procedures, delegation will be valid.
Significance:
Importance of legislative framework for control over delegated legislation.
VI. Summary Table of Case Laws
| Case Name | Key Issue | Court’s Ruling |
|---|---|---|
| Khanna v. Union of India | Lack of legislative guidelines | Delegation without intelligible principles invalid |
| A.K. Roy v. Union of India | Excessive delegation | Legislature must provide clear guidelines |
| R.K. Garg v. Union of India | Broad and vague delegation | Violates separation of powers, needs control |
| Bengal Immunity Co. Ltd. v. Bihar | Lack of parliamentary safeguards | Delegated legislation invalid without control |
| K.C. Gajapati Narayan Deo v. Orissa | Validity with parent Act controls | Delegation valid if Parliament provides controls |
VII. Conclusion
Legislative control over delegated legislation is fundamental for preserving the rule of law and constitutional governance. It ensures that the delegation of legislative power does not become a vehicle for unchecked executive authority.
Effective legislative control requires:
Clear policy guidelines in the parent Act.
Procedural safeguards like laying before the legislature.
Mechanisms for approval, annulment, or revision by Parliament.
Oversight by parliamentary committees and complementing judicial review.
Together, these controls maintain the balance between necessary administrative efficiency and democratic accountability.
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