Administrative law is a result of rising state socio-economic functions of the
state & increased governmental control. Krishna iyer claimed that parliamentary
control over delegated legislation as a constitutional requirement should be a
continuity of living. The executive 's role is to administer the law passed by
the legislature and in the ideal state: the statute should exercise its
legislative function properly and efficiently.
However, the executive also
performs certain legislative and judicial functions in the present situation,
the legislature does not have sufficient time to study in depth and enact
regulatory measures to enforce a law and the need for delegated legislation
occurs. It has rightly been said that delegated legislation is so multitudinous
that it can work together on several functions.
Within the study of
administrative law, the creation of legislative powers of the administrative
authorities in the form of delegated legislation occupies a very significant
role. Consequently, the issue of delegated legislation controls takes on
significance if the executive is not to be permitted to act arbitrarily. This
paper attempted to discuss all types of mechanisms of control over delegated
legislation and the judicial approach to it.
- International Journal: A Comparative study on Parliamentary Control
over Delegated Legislation by Mishika Bhargava.
The concept of delegated legislation states When the function of legislation is
entrusted to organs other than the legislature by the legislature itself, the
legislation made by such organs is call delegated legislation. It is therefore,
of utmost importance that there should be proper control on exercise of
legislative power by the executive. There are certain safeguards which are laid
down to be followed which operate at two levels: firstly, when legislature is
delegating such power in favour of executive; and secondly, there should be
‘control mechanism’ so that the power is not abused by the executive it can be
said that the safeguards which are laid down can be efficiently followed
- Control and safeguards (delegated legislation) C.K. Takwani
It has been said that whenever there is a delegation of power to the
administrative authority there should be a control over it. As the rule making
power are conferred on the administration and to keep a check whether it is
misused by authority or misapplied. Therefore, control over delegated comes into
picture and is divided into 2 parts i.e. judicial and legislative control over
delegated legislation and various circumstances through which it is tried to
keep the control effective.
- International Journal of Creative Research Thoughts: Control
Mechanism over Delegated Legislation Aparajita Kumari
This power of delegation is a constituent element of the legislative power as a
whole. So long as the Legislature indicates in the operative provisions of the
statute the policy and purpose of the enactment, the mere fact that the
legislation is skeletal or the fact that a discretion is left to those entrusted
with administering the law, is no basis for a contention that there has been
excessive delegation of legislative power, if the power or discretion has been
conferred in a manner which is legal and constitutional. All those have to be
done in India to achieve an efficient system of delegated legislation, in order
to ensure that the power of delegated legislation is not misused in the hands of
executive it is necessary to adopt effective modes of control.
Constitution of Indian allows Legislature to make laws for the country. The
significant legislative functions are to introduce a legislative policy and
frame it as rule of conduct. But while keeping in mind the various diverse
activities of welfare country, it will not be possible for the legislature alone
to perform all the functions in a perfect manner so, due to these situations,
the delegated legislation came into picture. At present time delegated
legislation is an essential element of the administration where executive has to
perform some legislative functions. Delegated legislation is a process through
the executive authority is given powers by legislature to make by laws in order
to implement law.
This power of delegation is a constituent element of the legislative power as a
whole. As the Legislature indicates in the operative provisions of the
statute the policy and purpose for which it is enacted, the mere fact that the
legislation is skeletal or the fact that a discretion is left to with
administrating law, & is of no basis for a contention that there has been
excessive delegation of legislative power, if the power or discretion has been
conferred in a manner which is legal and constitutional.
The application of law to changing circumstances was made practical through
instruments of ‘rules’ framed through executive. During the year 1973 -77 a
period of 4 years, the Parliament enacted around 300 statutes but the statutory
rules and by-laws were reached more than 25000.
As the delegated legislation
is bureaucratic legislation and it include a shift legislative powers from the
legislature to administrative authority. As the no democratic safeguards or
control in administrative rule-making as there is in the legislature, So, a
control mechanism had become a necessary so to check the powers which are
provided to the administration are not misused. This Control mechanism involves
2 types Judicial control, Legislative control.
Objective Of Study:
Scope Of Study:
- To describe the Control Mechanism over legislative functions
- To study the power the court and parliament and the ways they control
the delegated legislation
- To Study the grounds to check the validity and legality of delegated
- The scope of the study is to get brief knowledge about how the control
and safeguards keeps a check on the powers given to the administrative
bodies and what are the types of control of that keeps a watch on delegated
legislation and how effective they are to control these functions.
- This study is significant endeavour to understand the control on the
Delegated Legislation on the basis of how Judiciary & legislative keeps
check on the power and how it is effective on the legislative functions
performed by administrative authority.
- Research Design: The study has been done on the basis of doctrinal
- Research Type & Sources Of Data: Explanatory Study & Secondary Sources
such as research articles, internet and books
- Research Question:
- What are the types of Control Mechanism and when they come into use?
- What are the grounds on which these controls are exercised?
- Are these controls being effective over the delegated legislation?
Delegation of powers that is the powers passed on by the higher authority to the
lower authority to make law.
But it is very difficult to have a precise definition of expression delegated
legislation. Therefore, it is equally difficult to state the nature and scope of
Mukherjee J rightly stated that:
Delegated legislation is an expression which covers a multitude of confusion it
is an excuse for the legislators, a shield for the administrators and a
provocation to the constitutional jurists.
The Jain and Jain also stated the definition of Delegated legislation, i.e.
the term Delegated legislation is used in two sense: 1) exercise by a
subordinate agency of the legislative power delegated to it by the legislature,
or 2) the subsidiary rules themselves which are made by the subordinate
authority in pursuance of the power conferred on it by the legislature.
A simple meaning of the expression ‘delegated legislation’ may be given as
When the function of legislation is entrusted to organs other than the
legislature by the legislature itself, the legislation made by such organs is
called delegated legislation.
Therefore, it clears means that the authority making the legislation is
subordinate to the legislature.
Parliamentary Control Over Delegated Legislation
This is up to Parliament to give anyone the powers that it possesses, just as
parliament transfers legislative powers to some other entity, e.g. executive,
they must ensure that such powers are duly exercised by the government and there
is no abuse of authority that the executive is provided with.
In Avinder Singh v. State of Punjab
, Krishna Iyer J. rightly stated that
parliamentary control over delegated legislation should be a living continuity
as a constitutional necessity.
As the control of the legislature over delegated legislation, Jain and
In a parliamentary democracy, it is the function of the legislature to
legislate. If it seeks to delegate its legislative powers to the executive
because of some reasons, it is not only the right of the legislature, but also
its obligation, as principal, to see how its agent i.e. the executive carries
out the agency entrusted to it. Since it is the legislature which grants
legislative power to the administration, it is primarily its responsibility to
ensure the proper exercise of delegated legislative power, to supervise and
control the actual exercise of this power and ensure against the danger of its
objectionable, abusive and unwarranted use by the administration.
Objective of parliamentary control
The primary aim of parliamentary oversight is to regulate the rule-making of
authorities and, if they see an undue exercise of power or misuse of authority,
it gives Parliament an opportunity to take action against them.
The fact that the board delegation of legislative powers and general control
requirements are also wide-ranging, judicial control over delegated legislation
alone is not enough to regulate it, and maintaining administrative agencies
within delegation limits has increased the need for parliamentary regulation
that Parliament can exercise effectively.
Forms of parliamentary control over delegated legislation
Legislative power over administrative rule-making in India is tacit as a
constitutional function because the executive is responsible to parliament.
There are three forms of parliamentary control exercised over delegated
legislation which are:
Direct general control
This form of parliamentary control is exercised at the time of passing the
enabling act. The proceedings which are initiated in the parliament.
- It is exercised in various methods such as debates on the act which
involve delegation. Members discuss about delegation which includes aspects
such as necessity, extent, type of delegation and the authority to whom
power is delegated.
- Furthermore, by means of questions and any Member may ask questions on
any aspect of delegation of legislative powers and, if dissatisfied, may
give notice of discussion pursuant to Rule 59 of the Lok Sabha Rules of Procedure and
- Where notices in house moving resolutions, any member may pass a
resolution on motion, if the matter regarding delegation of power is urgent
and immediate & reply of the government is unsatisfactory.
However, these approaches, are rarely used in India That is merely due to a
lack of practice. Moreover, scholars thought that this approach could be used
widely and efficiently to nip the vices of delegation in the bud.
Direct special control
This control mechanism is practiced by way of the "laying" techniques on the
table of house rules and regulations introduced by the administrative body. The
use of this laying technique can in in the 1939 to 1969 Reorganization Act,
authorizes the president to reorganize the executive government by
administrative rule making.
The most common form clause states that the delegated legislation will take
effect immediately, but will be subject to annulment by either house's adverse
Laying on table
The legislature's procedure of 'laying on the table' practice is practiced in
almost all the country. This has two purposes: firstly, this allows the
legislature to know of all the laws that the executive authorities have made in
the exercise of delegated legislation. Secondly, it provides the lawmakers with
the opportunity to criticize or challenge the laws that have been made or being
proposed to be made.
Types of laying
The select committee on delegated legislation summarised the laying procedure
under following heads:
Legal consequences of noncompliance with the laying provisions
- Laying without further provision for control
In this type of laying the rules and regulations come into effect as soon as
they are laid. It is simply to inform the house about the rules and regulations.
- Laying with immediate effect but subject to annulment
Here the rules and regulations come into operation as soon as they are laid
before the parliament. However, they cease to operate when disapproved by the
- Laying subject to negative resolution
In this process the rule come into effect as soon as they are laid before the
parliament, but shall cease to have effect if annulled by a resolution of the
- Laying subject to affirmative resolution
This technique takes two forms: firstly, that the rules shall have no effect or
force unless approved by a resolution of each house of parliament. Secondly,
that the rules shall cease to have effect unless approved by an affirmative
- Laying in draft subject to negative resolution
Such a provision provides that when any act contains provision for this type of
laying the draft rules be placed on the table of the house and shall come into
force after forty days from the date of laying unless disapproved before that
- Laying in draft subject to affirmative resolution
In this type of laying the instrument or draft rules shall have no effect unless
approved by the house. In India, there is no statutory provision requiring
‘laying of’ of all delegated legislation. In the absence of any general law in
India regulating laying procedure, the scrutiny committee made the following
- All acts of parliament should uniformly require that rules to be laid on
the table of the house as soon as possible
- The laying period should uniformly be thirty days from the date of final
publication of rules and
- The rule will be subject to such modifications as the house may like to
In India, the laying provision shows the implications of non-compliance based on
whether the relevant provision in the act is mandatory or a directory.
In Narendra Kumar v. Union of India
, the Supreme Court held that the
provisions of section 3(5) of the Essential commodities Act, 1955 which provided
that the rules framed under the act must be laid before both houses of
parliament, are mandatory and therefore clause 4 of the non-ferrous control
order, 1958 has no effect unless laid before parliament.
Further in Jan Mohammad v. State of Gujarat
, the court deviated from its
previous judgement. Section 26(5) of the Bombay agricultural produce markets
Act, 1939 contained a laying provision but the rules framed under the act could
not be laid before the provincial legislature in its first session as there was
then no functioning legislature because of World War II emergency. The rules
were placed during the second session. Court held that the rules remained valid
because the legislature did not provide that the non-laying at its first session
would make rules invalid.
And though the laying requirement were just a directory and not a mandatory
requirement, rules adopted by the administrative authority without compliance
with the laying requirement would not be permissible if the rules were violated.
Parliament exercises this form of indirect control through its committees. Given
the strengthening of parliamentary control over delegated legislation, the of
scrutiny committees were established. There are standing committees of
parliament in India to scrutinise the delegated legislation on 1 December 1953
such a committee known as Lok Sabha's Subordinate Legislation Committee was
The main functions of the committee are to examine:
- Whether the rules are in accordance with the general object of the act,
- Whether the rules contain any matter which can be appropriately dealt
with in the act,
- Whether it is retrospective, etc.
- Whether it is directly or indirectly bars the jurisdiction of the court.
The particularly committee between 1953 and 1961, scrutinized about 5300 orders
and rules has submitted 19 reports. Similar committee of the Rajya Sabha which
was constituted in 1964. It discharges the same functions as that of the Lok
Recommendations by the committee on subordinate legislation
The committee on subordinate legislation has made the following recommendations
in order to streamline the process of delegated legislation in India which are
- Rules do not take away or restrict the powers of judicial review.
- Rules do not impose a financial levy or a tax.
- The language in which rules are written should be plain, clear and
- Legislative policy must be drafted by the legislature and information
may be left to the executive and provide.
- The Administration does not frame discriminatory laws.
- The rules should not confer by the parent act should not be laid down
behind the law.
- Administration should not hesitate unnecessarily in drawing up
The committee's work is satisfactory on the whole. The delegated legislation in
India has proved to be fairly effective in properly functioning, updating and
improving effectively. Sir Cecil aptly remarks: it is evidently a vigorous and
Effectiveness of parliamentary control over delegated legislation
Is Parliamentary control really effective in India?
In India the legislative control over administration is more theoretical than
practical. The control is not effective as it ought to be. Basically,
Parliamentary control cannot be that effective as the Judicial control is due to
various reasons and even the Parliament has to perform many other functions
which are also necessary for the welfare of country.
So, the delegation of
powers to administrative authority was a good option by the legislature and the
control exercised by them i.e. Direct Special Control and Direct General Control
can be used in an effective and efficient way in their field as if we remove it
the legislature will not come to know is administrative authority is doing. It
helps us to avoid the future litigation in form of Judicial Control and try to
save the nation from the harassment of people from the bad law.
The Separation of powers has really failed the importance and effectiveness of
Parliamentary Control as a control mechanism on excessive delegation.
There are many factors responsible ineffectiveness of Parliamentary Control over
- Parliament neither have the enough time nor the expert person to have
proper control on the administration which is now complex and have growth in
- The executive in Parliament holds the majority of the support which
reduces the chances of effective criticism.
- There is a lack of strong and steady parliamentary opposition which has
also led to the ineffectiveness of legislative control over the Indian
- The parliamentary control of delegated legislation is general, and often
political in nature.
- There is no automatic process for effective review on behalf of the
parliament as a whole and the complexities are becoming very difficult to
rely on such scrutiny.
- Parliament is too large and too unmanageable to be effective.
- Parliament is very much dependent on court for each and every single
matter as the members of does not have the deep knowledge of legal skills.
Judicial Control Over Delegated Legislation
The legislation that has been delegated does not fall beyond the reach of the
Judicial Review and in almost all countries the courts are allowed to decide on
the validity of delegated legislation. Despite the presence of parliamentary
control, judicial control of delegated legislation is recognized as an integral
form of control mechanism.
The fundamental justification for judicial review is based on the Courts'
constitutional obligation to obey the rule of law principle. In a
constitutionally controlled state, maintaining that the laws made by Parliament
are not Ultra vires under the Constitution is the essential function of the
judiciary, and that the delegated legislation enacted under the statute falls
within the limits of both the parent statute and the constitution.
control is considered to be a more effective form of control, since the courts
have the power to strike down a law if it is ultra vires with the parent statute
or the Constitution. Term Ultra virus
means that beyond power or authority or
lack of power. An act may be said to be Ultra Virus when it has been done by a
person or a body of persons which is beyond his, it’s or their power, authority
Need For Judicial Control Over Delegated Legislation
The rule of majority in democratic systems had basically made legislative
controls ineffective. Since these observations were pointed out on the view that
legislative control over delegated legislation is not so effective, so due to
the ineffectiveness of the legislature, there was a need for judicial control
over delegated legislation. hence Justice control has now become an inevitable
need to prevent executives from acting as super-legislatures or as aspiring
A significant change from control of delegated legislation was noticed by
pre-constitutional control to post-constitutional judicial control.
"Legislatures cannot delegate their legislative powers which are essential.
Essential legislative powers are concerned with determining the legislature's
policy and rendering it a binding rule of conduct.. In other words,
delegation of legislative power is limited to ‘non-essentials’ or subsidiary
matters. Legislative power when delegated of essential nature would be held
invalid. It came as a first principle developed in the field of judicial control
and subsequently expanded to a number of principles developed by the judiciary.
In Indian Express Newspapers (Bom) (P) Ltd. v. Union of India
, the grounds
on which subordinate legislation can be questioned were outlined by the Supreme
Court. E. S. Venkataramiah, J. observed thus:
75. A piece of subordinate legislation does not carry the same degree of
immunity which is enjoyed by a statute passed by a competent legislature.
Subordinate legislation may be questioned on any of the grounds on which plenary
legislation is questioned. In addition, it may also be questioned on the ground
that it does not conform to the statute under which it is made. It may further
be questioned on the ground that it is contrary to some other statute. That is
because subordinate legislation must yield to plenary legislation. It may also
be questioned on the ground that it is unreasonable, unreasonable not in the
sense of not being reasonable, but in the sense that it is manifestly arbitrary.
- Constitutionality of the Parent Act
It is first requirement that the parent Act or enabling statute by which
legislative power is conferred on the executive authority must be valid and
constitutional If the enabling act is ultra vires the constitution that
prescribes the limits under which the legislature can operate, then the rules
and regulations laid out in it will also be invalid. The enabling act may
contravene the constitution's implied or express limitation.
In case of Chinataman Rao vs. State of M.P., The parent Act authorised
discretionary powers to the Deputy Commissioner to fix agricultural season and
prohibit the manufacture of Bidis in some areas for certain periods. The court
held the CP Regulation of Manufacturers of Bidis Act, 1948 and the rules framed
there under as ultra vires Article 19(1)(d) of the Constitution which guarantees
freedom of trade and profession. Supreme Court this amounted to unreasonable
restriction on the exercise of fundamental right and hence both the
Commissioner's order and the Act were held ultra vires the Constitution.
- Constitutionality of the delegated legislation
A Parent Act or delegating statute may be constitutional and valid and delegated
legislation may be consistent with the parent Act, yet the delegated legislation
may be held invalid on the ground that it contravenes the provision of the
In Dwarka Prasad vs. State of U.P., Section 3(1) of the U.P Coal Control
Order issued under Section 3 of the Essential Supplies Temporary Powers Act,
1946 provided that no one can carry on business in coal except under a license.
Rule 3(2)(b) further laid down that the State Coal Controller can exempt any
person from the license requirement. The court held the rule as ultra vires
Article 19(1)(g) as it placed unreasonable restriction by giving arbitrary
powers to the executive in granting exemptions.
- Where delegated legislation is inconsistent with the parent Act.
The validity of delegated legislation can be challenged on the ground that it is
ultra-virus the parent Act or enabling statute. It is an accepted principle that
delegated authority must be exercised strictly within the authority of law.
Delegated legislation can be held valid only if it conforms exactly to the power
The Supreme Court in case of Kunj Bihari Lal Butail v. State of HP In this
case the HP Ceiling on Land Holdings Act, had delegated to the State Government
the power to make rules for the purpose for carrying out the purpose of this
Act. Though the Act by section 5 had excluded 'Tea Estates and land
subservient. However, rules framed by the State Government had put embargo on
the transfer of the land subservient to tea estates. Thus, the rules were held
ultra vires the enabling Act being inconsistent and repugnant thereto.
- Where parent act delegates essential legislative functions
It is well settled principle of administrative law that primary and essential
legislative functions must be performed by the legislature itself and they
cannot be delegated to any other organ of the state. A legislature cannot
create, constitute or establish a parallel legislature. 
- Delegated Legislation is mala-fide
Administrative law making can be challenged on the grounds of bad faith or
ulterior purpose. It has been stated by the Supreme Court in State of Rajasthan
v. Union of India, that a presidential proclamation under Article 356 of the
Constitution can be challenged if power is exercised malafide. As Bhagwati, J.
has observed, If satisfaction is mala fide or is based wholly on extraneous and
irrelevant grounds the court have jurisdiction to examine it.
Power to make delegated legislation cannot claim immunity from judicial review
if the power has been exercised by the rule-making authority mala fide or with
- Delegated legislation in inconsistent with general law.
A subordinate legislation, apart from being intra virus the constitution and
consistent with the parent Act, must also be in consonance with general law i.e.
any other law enacted by the legislation.
In Hindustan Times v. State of U.P. Parliament by an Act provided pension to
working journalists. The state government advertisements on newspaper and
deducted such levy from pension fund of working journalists. The directive of
the state Government was held beyond legislative competence and ultra-virus the
- Delegated is arbitrary, unreasonable
All powers are exercised by public authorities are liable to be misused. Work
constitute of misuse of public power is the subject matter of the judicial
review and the Courts intervene in case of such misuse of power. Ultra vires doctrine
confines public authorities to those powers granted by the parent Act. But the
courts are also concerned to see that not only whether power exercised exists
but also whether it has been exercised reasonably.
While applying the doctrine of substantive ultra vires to delegated legislation,
the courts do not look merely at the express words of the enabling provision in
the parent statute, but go beyond them and also imply certain restrictions
therein. This approach to some extent helps in preservation of individual
liberty, strengthening of judicial control over delegated legislation and giving
a somewhat broader dimension to the doctrine of ultra vires.
- Delegate further delegates (Sub delegation)
The maxim Delegatus non potest delegare (a delegate cannot further delegate)
applies to delegated legislation also and it is not possible for the delegate to
sub-delegate the power conferred on him unless the parent Act authorises him to
do so either expressly or by necessary implication
Section 4 of essential Supplies (temporary Powers) Act, 1946 certain powers were
sub delegated by the Central Government to the Provincial Government subject to
the Condition that before making any order, concurrence of the Provincial
Government without obtaining concurrence of the Central Government. The Order
was held ultra vires as the condition was not satisfied.
- Delegated Legislation excludes Judicial review
- Delegated legislation operates retrospective
Effectiveness Of Judicial Control Over Delegated Legislation
The weakness of Administrative Law's "cure and remedy" feature would lead
directly to administrative lawlessness and arbitrariness. According to WADE,
"Judicial review is also a critical tool for maintaining the rule of law and
keeping public authorities within the permissible limits."
The major problem to-day is to bring these bodies under the discipline of public
law. This can be done to a large extent by bringing these bodies within the
compass of Judicial Control so that those bodies are subjected to the discipline
of Rule of Law.
The Judicial Control main function is to uphold the Principle of Rule of law and
to check that the Laws made by the Parliament are not ultra vires under
constitution specifically it should not violate the fundamental rights of person
and principle of natural justice.
An Action which is ultra-vires is without jurisdiction null & void but same it
not applicable in the parliamentary control.
The court cannot take upon itself the task of statutory authorities. It can act
as an examiner or the Selection Board and examine discrepancies and
inconsistencies in question papers and the evaluation thereof. It was not
permissible for it to examine question papers and answer sheets itself,
particularly when the State Public Service Commission had assessed inter alia
merit of the candidates.
Effectiveness of Judicial Control over Delegated legislation.
- If bodies affecting rights of the people are kept outside judicial
control, then the danger is that the country may be spotted with petty caesers
and despots all over the place.
- Effective control against the abuse of delegated powers of legislation
must come from the legislature itself, primarily at the time of delegation,
and secondarily in the supervision of the manner in which they are
- apex court will frame rules relating to its power of review in the
sphere of delegated legislation, so that it could serve as guidelines to all
High Courts and also to the Govt., to keep in mind while framing rules as
well to the legislatures, while enacting laws.
- Judicial form of control is said to be more effective form of control
because the courts have the power to strike down a law if it is ultra vires to
the parent statute or to the Constitution.
- The implementation of the procedural form of control is also entrusted
to the judiciary who determine the legality of the subordinate law-making
process through the rules of procedural ultra vires.
- The Court can ensure that the statutory functions are not carried out at
the whims and caprices of the officers of the government/local body in an
- Delegated legislation may be struck down on the ground of nonapplication
of mind on the part of delegatee to the relevant facts in taking decisions.
Which Control Is Effective?
So, it is well known that null of control is alone effective to take the charge
control and safeguards both are required & necessary to be present. Both the
control is having ineffectiveness also. But Judicial Control is more effective
then Parliamentary control as it has a direct power to make law void or invalid.
The Indian Constitution requires delegated legislation as his helps
the Legislature to concentrate on more important matters and frame policies
regarding it. There are bye-rules, orders, bye laws, etc. Present legislation
needs technicality & professional knowledge of topics from various areas, and
the lawmakers, such as politicians who do not adequate knowledge over the
subject or they are not expertise. So, Delegated legislation is versatile,
easier to amend, and revocable than ordinary law when there is excess use or
failure to enforce it.
However, Parliamentary power over delegated legislation is regarded as weak,
undeveloped in the current legal system. The reasons for its failure are that
for every single matter too much reliance on the judiciary, lack of legal skills
with the parliamentarians, etc., as India being a Quasi-federal system &
division of power had failed to understand the importance of parliamentary
control as control over excessive delegation. Furthermore, the court on which
the parliamentary proceedings are heavily reliant is caught in the web of lack
of common rules, as they decide cases on different grounds differently. In that
case, a specific direction has not been given by the judiciary.
But, the judicial control over delegated legislation in India is complete.
constitutional position of judiciary is such that its right to examine
legislation, whether emanating directly from Parliament or from subordinate
authorities, cannot be restricted. A law purporting to confer the statutory
finality on subordinate legislation would not bind the court. But it is stated
that judicial control from its very nature, may be of limited effectiveness. The
court may step in to prevent the abuse of power or its exercise for purpose
other than those for which it is delegated.
Protection against the misuse of delegated legislative powers must come from the
legislature itself, mainly at the time of delegation, and secondly to look after
the way they are exercised. In a democratic system the government has to respond
to the wishes and opinions of those who would be influenced by its laws. There
is no sure measure of a policy's success except that it is in line with people's
real interests, gaining support, gratitude and satisfaction from them. Finally,
we need to formulate strategies that will make the rapidly increasing
subordinate legislation readily available to those concerned, in an intelligible
way. In India all these must be achieved to achieve an effective structure of
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- I.P. Massey, Administrative Law, 6th edn., 2005, Eastern Book Company,
- AIR 1951 SC 118.
- AIR 1954 SC 224.
- (2000) 3 SCC 40.
- Lectures on administrative law C.K. TAWANI 6th edition. EBC
- AIR 1977 SC 1361.
- M.P. Jain & S.N. Jain, Principles of Administrative Law, 6th enlarged
edn., 2007, Wadhwa and Co. Law Publishers, p.146.
- (2003) I SCC 591: AIR 2003 Sc 250.
- Bhagabati Prosad Banerjee & Bhaskar Prosad Banerjee, Judicial Control
of Administrative Action, 1st edn., 2001, Wadhwa and Company Law
Publishers, p. 120.
- Id 32, p.147.
- Radhakisan Laxminarayan v. State, AIR 1952 Nag 387.
- WADE & FORSYTH, Administration Law, 34. (VIII Ed. 2000).
- Vasu Dev Singh v Union of India, (2006) 12 SCC 753
2nd Year Student - Presidency