INTRODUCTION

Administrative law is the resulting product of the increasing socio economic functions of
the
state and the increased power of government. In India, especially on 20 th
century,administrative law came as a separate branch of legal discipline. In today’s sphere,
the law focussed deeply on every aspect of individual’s life. Administrative law is that
branch of law which is concerned with the composition of powers, duties, rights and
liabilities of the various organs of government. Today as the nation is growing and
becoming very complex in every sphere of it, there is an urgent need of administrative law
in the developed society which can bring out certainty, regularity and may pose a check on
the misuse of powers vested in the administration. Administrative law can be traced to the
well organized administration under Mauryas and Guptas followed by the administrative
system of Mughals, to the administration under the east India Company but this can be
made different from the modern society in which there are manyfunctions of state. In fact,
the modern state is regarded as the custodian of social welfare and there is in every single
activity performed by the modern society to have direct or indirect interference by state.
Along with the duties and powers, the state is put to many other responsibilities.

The Constitution of Indian empowers Legislature to make laws for the country. One of the
significant legislative functions is to determine a legislative policy and to frame it as a rule
of conduct. Obviously such powers cannot be conferred on other institutions. But keeping
in mind various multifarious activities of a welfare State, it is not possible for the legislature
to perform all the functions. In such situation, the delegated legislation comes into the
picture. Delegated Legislature is one of the essential elements of administration whereby
the executive has to perform certain legislative functions. However, one must not forget the
risk associated with the process of delegation. Very often, an overburdened Legislature
may unduly exceed the limits of delegation. It may not lay down any policy; may declare
any of its policy as vague and may set down any guidelines for the executive thereby
conferring wide discretion to the executive to change or modify any policy framed by it
without reserving for itself any control over subordinate legislation. Therefore, even though
Legislature can delegate some of its functions, it must not lose its control completely over
such functions.
Meaning of Delegated Legislation
Delegated legislation (sometimes referred as secondary legislation or subordinate
legislation or subsidiary legislation) is a process by which the executive authority is given
powers by primary legislation to make laws in order to implement and administer the
requirements of that primary legislation. Such law is the law made by a person or body
other than the legislature but with the legislature’s authority.
Legislation by any statutory authority or local or other body other than the Legislature but
under the authority of the competent legislature is called Delegated legislation. It is
legislation made by a person or body other than Parliament. Parliament thereby, through
primary legislation, enables others to make law and rules through a process of delegated
legislation.
Delegated legislation is, at times, referred to as “Ancillary”, “Subordinate”, Administrative
Legislation or as Quasi-Legislation”. Delegated legislation is a technique to relieve
pressure on legislature’s time so that it can concentrate on principles and formulation of
policies.

Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with authority
or empowering another to act as an agent or representative’. E.g. Delegation of
Contractual Duties.

‘Subordinate Legislation’ has been defined as:

“Legislation that derives from any authority other than the Sovereign Power in a state and
that depends for its continued existence and validity on some superior or supreme
authority.”
Salmond defines – “Subordinate legislation is that which proceeds from any authority other
than the sovereign power, and is therefore dependent for its continued existence and
validity on some superior or supreme authority.”1

2
History of Delegated legislation in India
The delegated legislation in India can be broadly discussed in two stages which are:

a. Pre – constitutional Position:

1Jain, M.P. & Jain, S.N.; (2007) Principles of Administrative Law, 6th Ed., Vol. II, Wadhwa Nagpur.
2Takwani C.K. (2007) Lectures on Administrative Law. Eastern Book Company, Lucknow.
The history of delegation of powers can be traced from the charter stage of 1833 when the
East India Company was regaining political influence in India. The of 1833 vested the
legislative powers exclusively in Governor – General – in council, which was an executive
body. He was empowered to make laws and regulations for repealing, amending or
altering any laws or regulations, which were in force for all persons irrespective of their
nationality. In 1935 the Government of India Ac, 1935 was passed which contained an
intensive scheme of delegation. The report of the committee on ministers’ powers was
submitted and approved which fully established the case for delegation of powers and
delegation of legislation was regarded as inevitable in India.

(b) Post constitutional period

In Re Delhi laws Act,3was the leading case decided by the Supreme Court on the
delegated legislation after the constitution came into force. A reference was made to the
Supreme Court by the president of India under Article 143 of the constitution in the
following circumstances:
The central government was authorised by section 2 of the ‘part C’ State (laws) Act, 1950
to extend to any ‘part C’ state with such modifications and restrictions, any enactment in
force in a ‘part A’ state and while doing so, it could repeal or amend any corresponding law
(other than a central act) which might be in force in the ‘part C’ states. The Supreme Court
with a seven judge’s bench who heard the reference gave their separate opinions on the
question of limits to which the legislature in India could be permitted to delegate its
legislative power. The majority held the provision valid subject to two limitations:

1. The executive cannot be authorised to repeal a law in force and thus, the provision
which empowered the central government to repeal a law already in force in the ‘part
C’ state was bad; and
2. By exercising the power of modification, the legislative policy should not be changed;
and thus, before applying any law to the part c state, the central government cannot
change the legislative policy.

Though, our constitution was based on the principal of separation of powers, a complete
separation of powers was not possible hence it maintained the sanctity of the doctrine in
the modern sense. The Indian Constitution does not prohibit the delegation of powers. On
the other hand there are several provisions where the executive has been granted the

3AIR 1951 SC 332

legislative powers. For example the legislative powers of the president under the Indian
Constitution are conspicuous. Under Article 123 the president has the power to promulgate
the ordinances and unrestricted power to frame regulations for peace progress and good
government of the union territory under Article 240.

Forms of delegated legislation

Delegated legislation may take several forms that can be positive or negative, usual or
unusual.
Broadly stating, delegated legislation may be classified on following principles:
1. Tile based classification
Delegated legislation may be in the forms of rules, regulations, bye laws, notification,
orders, ordinances etc.
2. Discretion based classification
Discretion may be conferred on the executive to bring the act into operation on fulfilment
of certain conditions. Such legislation is called ‘conditional’ legislation.
3. Purpose based classification
A classification may be based on the nature and extent of the power and the purposes for
which the power is to be exercised. Thus, the executive can be empowered to fix the
appointed day for the act to come into force, to extend the provisions of the act and to
suspend or to modify the provisions of the act.
4. Authority based classification
A statute may also empower the executive to delegate further powers conferred on it to its
subordinate authority. This is known as ‘sub delegation’

Control Mechanism of Delegated Legislation in India:

1. Parliamentary/ Legislative Control
2. Judicial Control
3. Procedural/Executive Control

PARLIAMENTARY/LEGISLATIVE CONTROL.
In a parliamentary democracy it is the function of the legislature to legislate, but if it seeks
to delegate this power to the executive in some circumstances, it is not only the right of
legislature, but also its obligation as principal to see how its agent (i.e. the Executives)
carries out the agency entrusted to it. Hence the parliamentary control over delegated
legislation should be a living continuity as a constitutional necessity. The fact is that due to
the broad delegation of legislative powers and the generalized standard of control also
being broad, the judicial control has shrunk, raising the desirability and necessity of
parliamentary control.

Judicial Control
Judicial Control over Delegated Legislation Judicial control over delegated legislature is
exercised at the following two levels:-
1. Delegation may be challenged as unconstitutional; or
2. That the Statutory power has been improperly exercised.
The delegation can be challenged in the courts of law as being unconstitutional, excessive
or arbitrary. The scope of permissible delegation is fairly wide. Within the wide limits,
delegation is sustained it does not otherwise; infringe the provisions of the Constitution.
The limitations imposed by the application of the rule of ultra vires are quite clear. If the Act
of the Legislature under which power is delegated, is ultra vires, the power of the
legislature in the delegation can never be good. No delegated legislation can be
inconsistent with the provisions of the Fundamental Rights. If the Act violates any
Fundamental Rights the rules, regulations and bye-laws framed there under cannot be
better. Where the Act is good, still the rules and regulations may contravene any
Fundamental Right and have to be struck down. Besides the constitutional attack, the
delegated legislation may also be challenged as being ultra vires the powers of the
administrative body framing the rules and regulations.
If the law is ex facie unconstitutional it cannot be legalized by a Parent Act which is
constitutional. In other words, an unconstitutional legislation cannot be legalized by a valid
Parent Act. Rules farmed violating Parent Act are illegal. Rules framed violating any other
Statute or inconsistent with any other law are also illegal and void. Delegated legislation
must be reasonable or do not suffer from unreasonableness. Delegated legislation shall
not be arbitrary or suffer from arbitrariness. This is necessary to protect the “rule of law”.
Delegated legislation made with malfides or improper motives are held illegal. Forbidding
sub-delegation and the powers being delegated or delegatee exceeding the powers are
equally held void. ‘Retrospective effect’ clauses giving effect to the law or rules with
retrospective effect. Such clauses not only reverses the reasonable anticipation of the
people and may also deprive people of their accrued rights. Delegated legislation
exercised being against public standards or public morality. Doctrines like
‘Proportionality’,legitimate expectations,and public accountability,have become grounds
of judicial review of the law and rules framed; andCases have also been reviewed on the
grounds of procedural ‘ultra vires’ i.e., not following the procedures which are mandatory
in framing.

B. Procedural Control
Parliamentary control over administrative rule is admittedly weak because the legislators
are sometimes innocent of legal skills. A constant search therefore is on for an alternative
mechanism which besides providing an effective vigil over administrative rule making can
guarantee effective people participation for netter social communication, acceptance and
effectively of the rules. Procedural control mechanism has the potential to meet the above
noted requirements for allowing specific audit of rules by those for whose consumption
they are made.
Executive legislating under delegated legislation is ordinarily free from rigid procedural
requirements unless the legislature makes it mandatory for the executive to abide by a
certain procedure. This is because rigid procedural requirements may turn out to too time
consuming and cumbersome and they may defeat the very purpose of delegated
legislation. However, communication in one form or other to the general public still remains
indispensable for the law to be legally valid and binding. Hence procedural control means
certain procedures which are laid down in the parent Act which have to be followed by the
authorities while making the rules. Delegated legislation may be challenged on the ground
that it has been in accordance with the procedure prescribed by the enabling Act.
However, rules become invalid on the ground of non-compliance with prescribed
procedure only if such procedure is mandatory.Non-compliance with the directory
provisions does not render them invalid. It becomes a case of procedural alternatives. One
has to see whether the procedure is mandatory or directory.

Procedural control mechanism operates in three components:

(i) Pre-publication and consultation with an expert body or approval of an authority.

(ii) Publication of delegated legislation.

(iii) Laying of the rules before the legislature.

1. Pre Publication (Antenatal publicity) and consultation
Sometimes the Enabling or Parent Act provides for the publication of the proposed
delegated
legislation. It is called antecedent publicity or prior or previous publicity. Whether such
publication is necessary or not depends on the Enabling or Patent Act. The purpose of the
Ante-natal publication is to give the general public an opportunity to raise their objections,
make their representation and to give their suggestion so that it can be incorporated,
before
the delegated legislation attains its final form. Prior publication of proposd rules and
regulation is a procedural safeguard against delegatd legislation to enable the affected
persons to know it before hand and make reprsntations if they are so aggrieved.
In India, there is no general statutory provision requiring consulatation with affeted person
befoe making the delegated or subordinate legidlation. Such consulatation becomes
necessary only when the Enabling or Parent Act contains provision for that effect. Similarly,
there is no separate law governing the prior publication of proposed rules and regulation. If
the enabling act provides for prior- publication of proposed delegated lgislation,section 23
of General Clauses Act, 1987 get attracted.4
In India, a provision of prior consultation, if contained in the nabling Act is considered
mandatory and sometimes dirctory. In issue like environment, this requirement is
considered as mandatory in nature.

The provisions for prior consultation may take various forms::

a) Official Consultation : The central Govt. Is requring to make rules under section 52 of
the Banking Companies Act, after consulting the Reserve Bank of India.
b) Consultation with statutory bodies incharge of a particular subject.
c) Consultation with Adminstrative Boards.
d) Consultation with affected persns : Municipalities, before tax imposition have to publish
draft ruless in a Hindi daily and consult the inhabitants of the area. Under the Industries
Development and Regualtation Act, representation from industry and public are invited.
e) Draft rules and affected interest

4 According to this section, Authority shall publish the draft rules for information of affected
interests in such manner as it deems fit. The authority shall take intoo consideration any such
objection or suggstion which may be received by it wil finalizing the rules.
Like in the case of Buland Sugar v. Rampur Municipality 5 Supreme Court held that a
statutory provision equiring a municipality to publish the draft rules imposing tax to consult
the inhabitants of the area or the persons on whom the burden to pay tac falls, was held to
b mandatory.

In UK, the Rules Publication Act, 1803 requiresthe publication of proposed rules at least 40
days before they were made and required the rule making authority to consider any
reprsentations prsented by any public body. And in USA, Section 4 of the Federal
Administrative Procedure Act , 1946 provides mandatory provisions for consulation
requiring that interested parties should be given opportunity to participate in the rule
making process.

The first requirement is intended to ensure that the consultation is not futile, by the
decision-maker already having pre-determined the outcome of the exercise of the power.
This requirement has implications when consultation is undertaken as a staged process
where various options are eliminated after each stage of consultation. A decision-maker
needs to be careful not to preclude, by a decision at one stage, outcomes or detail that
might be required at a later stage of consultation. The second requirement for proper
consultation is the provision of sufficient reasons and material to the consultees to enable
an intelligent consideration of the proposed decision or issue and therefore a proper
informed response. The third requirement for proper consultation is that adequate time
must be given to allow the consultees to give intelligent consideration and an intelligent
response. The fourth requirement is that the product of consultation must be
conscientiously taken into account when the ultimate decision is made. It would render
futile the process of consultation if the decision-maker could ignore, or pay mere lip
service to, the product of consultation.

(2) POST PUBLICATION (POST NATAL PUBLICITY)

The word ―Publication refers to the action of making something generally known. It
comesfrom the Old English word- publicatio” whose origin can be traced back to -
ublicare”,which means to make public. 6
The simple concept which ascertains the publication of delegated legislation revolves
around
5 AIR 1965 SC 895.
6Referred from http://www.merriam-webster.com/dictionary/publication
two important principles. Firstly, it is to provide the parties which are going to be affected
by
the said legislation an opportunity of being heard as provided by the Principle of Natural
Justice, Secondly, according to the maxim ignorantia juris non excusat‘ (i.e. ignorance of
law is no excuse) and according to this rule no person can claim the ignorance or him not
knowing the law as an excuse. But this can be applied only when the public were made
aware of the existence of such law and this can be done by the means of publication
hence
Publication of Legislation and Delegated Legislation has evolved and is regarded as a
mandatory rule. it is a fundamental principle of law that ignorance of law is no excuse‘
(ignorantia juris non excusat). But there is also another equally established principle of law
that the public must have access to the law and they should be given an opportunity to
know the law. The very justification for the basic maxim is that the whole of our law, written
or unwritten, is accessible to the public-in the sense, of course, at any rate, its legal
advisers have access to it, at any moment, as of right.

Jain and Jain rightly stated: ―it is essential, therefore, that adequate means are
adopted to publicize delegated legislation so that people are not caught on the wrong foot
in ignorance of the rules applicable to them in a given situation. The system of publication
ought to be such that delegated legislation is not only made known to the people, but it is
also easy to locate as and when necessary. All laws ought either to be known or at least
laid open offend against them under pretence of ignorance. It is essential that adequate
means are adopted to publicize the rules so that people are not caught on the wrong foot,
in ignorance of the rules applicable to them in a given situation.”

IN THE UNITED KINGDOM

The publication of delegated legislation was regulated by the Rules Publication Act, 1893
until the Statutory Instruments Act of 1946 repealed it. Section 2 and 3 of the Statutory
Instruments Act provides for the publication of delegated legislations.

IN THE UNITED STATES OF AMERICA

There was no statutory provision for the publication of the delegated legislation until the
Federal Registers Act was passed in 1935. It has established the Federal Register in
which all the delegated legislations, federal rules, regulations, orders and other documents
of generalapplicability and legal effects are required to be published. The provision for the
publication of delegated legislation was further strengthened by the Administrative
Procedures Act,1946. 20

IN INDIA
In India there is no special law which provides for the publication of delegated legislations.
The legislation has to be published in the official gazette for commencement and is
needed to
be published in the mode prescribed in the Parent Act for the knowledge of the general
public. With regard to the post-natal publication, it has now become a custom to give
notice
and get opinions from the people (specifically the affected or for whom the law is made).

PUBLICATION - MANDATORY OR DIRECTIVE

Raza Buland Sugar Co. v. Rampur Municipality (AIR 1965 SC 896)

Facts: The appellant company challenged the imposition of water-tax by the Rampur
Municipal Board in a petition under Art. 226 of the Constitution of India on the ground that
the tax had not been imposed according to law inasmuch as the proposals and draft rules
had been published by the Board in an Urdu paper whereas according to the mandatory
provisions of Sec 131(3) read with Sec 93(3) of the U.P. Municipalities Act, 1916, they
should have been published, in a Hindi paper.

The High Court dismissed the petition but granted a certificate under Art. 133 (1) (c). The
questions for consideration were whether the whole of Sec 131(3) was mandatory, or the
part of it requiring publication in the manner laid down in Sec 94 (3) i.e., in a Hindi
newspaper was merely directory; and whether the publication in the Government Gazette
of the notification imposing the tax was not conclusive proof, as provided in Sec 135(3), of
the prescribed procedure having been observed. 22

Decision: GAJENDRAGADKAR C.J, J. WANCHOO AND J. RAGHUBAR DAYAL

held that (i) Section 131(3) can be divided into two parts the first one providing that
theproposal and draft rules for a tax intended to be imposed should be published for the
objections of the public, if any, and the second laying down that the publication must be in
the manner laid down in Sec 94(3). Considering the object of the provisions for publication-
namely to enable the public to place its viewpoint before the Board-it is necessary to hold
that the first part of the section is mandatory, for to hold otherwise would be to render the
whole procedure prescribed for the imposition of taxes nugatory. The second part of the
section is,however, merely directory. What it substantially requires is that the publication
should be in Hindi in a local paper, and if that is done that would be compliance with Sec
94(3). In the instant case publication was made in Hindi in a local paper which on the
evidence seems to have good circulation in Rampur. There is no regularly published local
Hindi newspaper. There was, in the circumstances, substantial compliance with the
provisions of Sec 94(3) in this case. Section 135(3) provides that a notification of the
imposition of tax in the Government Gazette was conclusive proof that the tax had been
imposed in accordance with the provisions of the Act. Whether such a notification will save
a tax which has been imposed without at all complying with one of the mandatory
provisions of the relevant law was a question that did not directly arise in the case. In the
instant case there had been compliance with the mandatory part of Sec 131(3) and
substantial compliance with the second part. Therefore a. 135(3) applied to the case and
the objection that the tax was not validly imposed could not succeed.

This procedural control mechanism may be either mandatory or directory. For the purpose
of mandatory or directory control mechanisms few important parameters should be taken
into account viz
(a) Scheme of Act
(b) Intention of legislature i.e. whether treated mandatory or directory
(c) language in which the provision is drafted (
d) Serious inconvenience being caused to the public at large, these were four parameters
laid down in case. Raza Buland Sugar Co. v.Rampur Municipal Council (AIR 1965 Sc
895).

GVINDLAL CHHAGGAN LAL PATEL v. THE AGRICULTURAL PRODUCE MARKET

COMMITTEE, GODHRA AND OTHERS 1976 AIR 263

Facts: The appellant was prosecuted for having purchased a certain quantity of ginger
without obtaining a licence as required by the Gujarat Agricultural Produce Markets
Act,1964. The trial court accepted the factum of purchase but it acquitted the appellant on
the ground that the relevant notification in regard to the inclusion of ginger was not shown
to
have been promulgated and published as required by the Act.

On appeal, the High Court reversed the acquittal and sentenced the appellant to a fine of
Rs.
10/-. The High Court proceeded on the assumption that the notifications were property
made.
Section 5 of the Act requires the Director to notify in the Official Gazette his intention to
regulate the purchase and sale of agricultural produce. The section also requires the
publication in Gujarati in a newspaper having circulation in the area. The section further
requires that the objections should be invited from the public. Section 6(1) provides that
after the expiry of the period for making objections and after considering the objections
and suggestions received and after holding necessary inquiry, the Director may, by
notification in the Official Gazette, declare the area specified in the said notification to be a
market area in
respect of the agricultural produce to be specified in the notification. Sub-section (1) of Sec
6 further requires that the notification under the said section shall be published in Gujarati
in a
newspaper having circulation in the said area. Sub Sec (5) of Sec 6 provides that the
Director may, at any time by notification in the official gazette, exclude any area from a
market area specified in a notification issued under sub-Sec (1) Or include any area
therein and exclude from or add to the kinds of agricultural produce so specified. The sale
or purchase of the agricultural produce concerned without a licence is made an offence by
Sec 36 of the Act.

Decision:
Section 6(1) means what it says. That is the normal rule of construction of statutes, a rule
not certainly absolute and unqualified, but the conditions which bring into play the
exceptions to that rule did not exist. It is not reasonable to assume in the legislature an
ignorance of the distinction between a "section" of the statute and the "sub-section" of that
section. The requirement laid down by Sec 6(1) that a notification under "this section" shall
also be published in Gujarati in a newspaper would govern any and every notification
issued under any part of Sec 6, that is to say, under any of the sub-sections of Sec 6.
Sometimes the legislature does not say what it means. That has given rise to a series of
technical rules of interpretation devised or designed to unravel the mind of the law-makers.
The words of the concluding portion of Sec 6(1) are plain and unambiguous rendering
superfluous the aid of artificial guide-lines to interpretation. "Shall" must normally be
construed to mean "shall" and not "may", for the distinction between the two is
fundamental. The use of the word "shall" or "may" is not conclusive on the question
whether the particular requirement of law is mandatory or directory. In each case one must
look to the subject-matter and consider the importance of the provision disregarded and
the relation of that provision to the general object intended to be secured. A notification
under Sec 6 must be published in Gujarati in a newspaper. This requirement is mandatory
and must be fulfilled. Admittedly, the notification in question was not published in a
newspaper at all, much less in Gujarati. Accordingly, the inclusion of new varieties of
agricultural produce in that notification lacks legal validity and no prosecution can be
founded upon its breach.

Sonik Industries, v. Municipal Corpn. of the City of (1986) 2

SCC 608 : AIR 1986 SC 1518.

The municipality framed Draft rules for the levy of rates on buildings and lands in . The Draft Rules
were published and objections were invited and, thereafter the State Government accorded its
sanction to the rules. The issue dated November 28, 1964 of "Jai Hind", a Gujarati newspaper
published from Rajkot carried a Notice purporting to be under section 77 of the Bombay Municipal
Boroughs Act, 1925 as adopted and applied for the information of persons holding buildings and
immovable property within the Municipal limits of Rajkot that the Municipality had resolved to
enforce the "Rules to the Rajkot Borough Municipality for the levy of Rate (Tax) on buildings and
lands" sanctioned by the State Government of Gujarat, with effect from January 1, 1965. Thereafter
an assessment list was prepared and steps were taken to demand the tax. F The appellants, a
registered partnership firm instituted a suit in the Court of the Civil Judge, Senior Division Rajkot
for a declaration that the aforesaid Rules were invalid. The Trial Court decreed the suit. An Appeal
against the decree of the Trial Court was dismissed by the Extra Assistant Judge, . A Second Appeal
preferred by the Municipality was referred to a larger Bench of the High Court consisting of learned
Judges who held that the conditions of section 77 had been complied with. In accordance with the
said opinion, the learned Single Judge allowed the Second Appeal. Hence the appeal by Special
Leave.
Dismissing the appeal, the SC,
HELD :
1.1 The general principle is that if the mode of publication adopted is sufficient for persons
affected by the rules with reasonable diligence to be acquainted with them, publication of the
Rules has taken place in contemplation of the law.

1.2 In the case of Municipal taxation, the conventional procedure enacted in most statutes requires
publication of the proposed rules providing for the levy and inviting objections thereto from the
inhabitants of the Municipality. Thereafter when the rules are finalised and sanctioned by the
State Government, it is mandatory that they be published so that the inhabitants of the Municipality
should know how the levy affects them in its final form. The rules, and consequently the
levy, take effect only upon publication in accordance with the statute. The object of the
requirement is that a person affected by the levy must know precisely the provisions of
the levy and its consequences for him.

1.3 The requirement of section 77 was complied with in asmuch as information was thereby
given to all persons holding buildings and immovable property within the Municipal limits
of that the rules mentioned therein had been sanctioned by the State Government and that the rules
could be inspected in the Municipal office. The mandatory requirement of section
77 was that the rules should be published, which requirement the notice satisfies. The mode of
publishing the rules is a matter for directory or substantial compliance. It is sufficient if it is
reasonably possible for persons affected by the rules to obtain, with fair diligence, knowledge of
those rules through the mode specified in the notice. Had the Act itself specified the mode in which
the rules were to be published, that mode would have to be adopted for publishing the rules. In
the opinion of the Legislature, that would have been the mode through which the
inhabitants of the Municipality could best be informed of the rules.

1.4 Section 77 provides the final stage of the procedure enacted in sections 75 to 77 for imposing a
levy. The period referred to in section 77, after which alone the tax can be 3 imposed, is intended to
enable persons affected by the levy to acquaint themselves with the contents of the rules, and to take
preparatory measures for compliance with the rules. The period has not been particularly prescribed
in order to enable a person to take advantage of the benefit of section 102 before the tax is imposed.

OBSERVATION
It would have been more desirable for the Municipality to have published the rules in the
Newspaper along with the notice reciting the sanction, though the omission to do so and notifying
instead that inspection of the rules was available in the Municipal office still
constitute sufficient compliance with the law.

Conclusion
In the end I can conclude that the delegated legislation is important in the wake of the rise
in the number of legislations and technicalities involved. But at the same time with the rise
in delegated legislation, the need to control it also arises because with the increase in the
delegation of power also increases the chance of the abuse of power. Consultation is a
means of improving access to information and public participation in decision-making. It
can enhance the quality of decisions, contribute to public awareness of issues addressed,
provide the public opportunity to express its concerns and enable public authorities to take
due account of such concerns. As such, consultation is an aspect of the procedural
propriety of administrative decision-making. Courts, in enforcing duties to consult, where
they arise, exercise a truly supervisory jurisdiction. Enforcing a duty to consult does not
interfere with the substance or merits of a decision, only the process by which it was
reached. This lies within the proper province of judicial review.

Publication of delegated legislation is very important to protect the rights of the people and
to satisfy the principles of Natural Justice. It gives the general public an opportunity to
givetheir opinion thus enabling the true sovereign to take part in the law making process. It
alsoensures the very important concept of Natural Rights that the person going to be
affected is given a chance to give express his view.

It also ensures that no person should be unaware of the law in force, since it cannot be
claimed as a defence. If the people are not made aware of the law, then the ordinary
course ofpunishment will result in injustice.
As far as the status of the publication of the delegated legislation in India is concerned, it is
not codified and a standard procedure is not established but however, the Judiciary steps
in
and regulates the process of publication of delegated legislation. In my opinion though the
Judiciary has filled the void that exist in the sphere of Publication of Delegated legislation,
it
has not perfected it and hence a separate Act like Administrative Procedures Act of
America,
should be into force in India in order to standardize the process of Publication of Delegated
Legislation.

Bibliography
Books/Articles
 Jain, M.P. & Jain, S.N.; (2007) Principles of Administrative Law, 6th Ed., Vol. II,
Wadhwa Nagpur.
 I.P.Massey, Administrative Law, (7th ed.2008).

Internet /Web Resources

 www.legalservicesindia.com/article Doctrine Of Permissible Limits under Delegated
Legislation under the Indian Constitution: of India
 books.google.co.in/books/about/Delegated_legislation Delegated Legislation in
India, US and England
 aclawresearch.blogspot.com Development of delegated legislation in India
 www.lawyersclubindia.com/articles Delegated Legislation in India