18-10-2015

Doctrine of Excessive Delegation:

Executives –No inherent legislative powers-

powers- Henry–
Henry–VIII-
VIII-
commissioners -rules, amend, to pass decrees and to levy
cess=Proclamation
cess=Proclamation-
=Proclamation- amend –Parent Act-Act-replaced-
replaced-1547
(Executive autocracy -nicknamed as-
as-Henry VIII Clause)
Clause)

Delegation-
Delegation- British Model & American Model.

America:
Excessive delegation-
delegation-misuse of power.
power.
-Declare the policy.
policy.
Presented by: Atmaram Shelke -Lay down the legal principles.
principles.
-Provide standards & guidelines.
guidelines.
***

Delegation-
Delegation-India:
Constitution-
Constitution- neutral -on delegation.
[Art. 372(2)
372(2)-President –power-
power- adaptations and modifications-
modifications-existing laws-
laws Section -2 Part C States (Laws) Act, 1950
first -3 years /13(3)
/13(3)]
13(3)]
(Part-
(Part- V-Chapter-
Chapter-III-
III-Legislative power of president/IV-
president/IV- Governor)
Governor) Power to extend enactments to certain Union
territories: “The Central Government may,
may by
In re Delhi Laws Act, AIR 1951 SC 332.
(Ref
(Ref under Article 143) -3 questions notification in the Official Gazette,
Gazette extend to
"(1) Was section 7 of the Delhi Laws Act, 1912, or any of the provisions the Union territory of Delhi,
Delhi Himachal
thereof and in what particular or particulars or to what extent ultra vires
the Legislature which passed the said Act ? Pradesh, Manipur or Tripura or to any part of
such territory], with such restrictions and
"(2) Was the Ajmer-
Ajmer-Merwara (Extension of Laws) Act, 1947,
1947, or any of the
provisions thereof and in what particular or particulars or to what extent modifications as it thinks fit,
fit any enactment
ultra vires the Legislature which passed the said Act ?
which is in force in a State]
State at the date of the
"(3) Is section 2 of the Part C States (Laws) Act, 1950,
1950, or any of the notification.”
provisions thereof and in what particular or particulars or to what extent
ultra vires the Parliament?"
Parliament?"

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Under the Constitution, there were three kinds of states — Section 7 -of Delhi Laws Act 1912
Part A states-
states former governors' provinces in British India
(Assam, Bengal, Bihar, Bombay, Madhya Pradesh, Madras, Delhi-
Delhi-Union territory of India.
Orissa, Punjab and Uttar Pradesh.)
-Part C State (Laws) Act, 1950
Part B states-
states- former princely states such as Hyderabad,
Saurashtra, Mysore, Travancore-Cochin, Madhya Bharat,
Vindhya Pradesh, Patiala & East Punjab States Union and Authorized - Central Govt.
Rajasthan.
-extend-
extend-any enactment of state-
state- with such
restriction & modification as it think fit.
Part C states-
states Chief commissioners-
commissioners Himachal Pradesh,
Manipur, Tripura, Delhi etc. -Amend or repeal-
repeal-other than central govt.

7 Judges
Held:
-Need to delegate-
delegate-multiple problems.
-Legislatures-
Legislatures- constitutional power-
power- same freedom cannot be allowed-
allowed-Limit.
Limit.

Permissible Limit?
Limit?

Two views:
views: FAZL ALl, PATANJALI SASTRI, MUKHERJEA, DAS and Bose JJ.,
(KANIA
KANIA C.J., and MAHAJAN J.,
J. dissenting)
1) Any extend-
extend-not -abdication its power-
power-ultimate power to withdraw.
2) Majority-
Majority-Legislature-
Legislature-essential legislative function-
function-standards & Policy.

-Creature -of the constitution.

-Constitution-
Constitution-maker-
maker- placed-
placed- confidence –collective wisdom of legislatures.
legislatures.
-Vested – elected representatives.
representatives. (responsible to the people)

Held-
Held-
1) Part of the delegation-
delegation-bad-
bad- Repeal.
2) Modification-
Modification-not change the underlying policy of the law sought to be
extended. *

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 18-10-2015

function-Question of fact...
Essential legislative function-

Gwalior Rayon Silk Mfg. v. The Asst. Commissioner of Sales AIR 1974 SC 1660:
1660:
Ray, A.N. (Cj
( Cj),
Cj), Khanna,
Khanna, Hans Raj, Mathew, Kuttyil Kurien,
Kurien, Alagiriswami,
Alagiriswami, A., Bhagwati,
Bhagwati, P.N.

Central Sales Tax Act 1956 J. Khanna-

Khanna- Can legislature pass a law-
law-criminal -framed
1) WHETHER SECTION 8(2)(B) SUFFER FROM VICE OF EXCESSIVE DELEGATION
by designated officers?
officers?
A) Whether the Parliament in not fixing the rate itself and in adopting the rate applicable to the sale or purchase of goods
-Arbitrary power?
inside the a ppropriate State has not laid down any legislative policy and has abdicated its legislative function

Mathew J. –Since legislature can repeal-

repeal-no need to lay down policies.
policies. Legislation-
Legislation- discussion - opposition, criticism, views
- never be regarded as abdicating.
abdicating. from public, widely published-
published-Press.
Press.
J. Khanna (Majority) –Theoretical basis-
basis-constitutional power-
power-not only on the name of people
but also by the people speaking through
through-
gh-representative.

Legislative authority-
authority-flows-
flows-a necessary postulate-
postulate- sovereignty of people.
Rule-
Rule-necessary-
necessary- sovereignty of people-
people-Source of power?
-Legitimized the delegation –Common law.
( - Judiciary?-
Judiciary?-basic structure –sovereignty of people?)
****
-Recognized the restrictions –cannot-
cannot-
- View of individual officers-
officers-authority. unrestricted & unqualified-
unqualified- subject to –laying
*** down of principles, standards & policies.

Valid Delegation:
Delegation:
Hamdard Dawakhana v. Union of India AIR 1960 SC 554
The Magic Remedies (Objectionable Adv.) Act, 1954-
1954- 1) Skeleton Legislation
Sec. 3 List of diseases for which advertisement –Prohibited –
Authorized Central Govt. to add-
add- SC.-
SC.-Excessive 2) Power of modification of statute
3) Removal of difficulties
Registrar, Co-
Co-operative Societies v. K. Kunjabmu AIR 1980 SC 4) Power to impose tax
350
- “Delegation unlimited may invite despotism unlimited.”
unlimited.” 5)Power of inclusion & exclusion
Sovereign Function:
Function:
State of Maharashtra v. Indian Medical Assn. AIR 2002 SC 302
To Grant-
Grant- permission to a private management to established
medical college-
college- sovereign function-
function-state-
state-cannot delegate.
delegate.
*

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2) Power of Modification of statute:

statute:

1) Skeleton Legislation: Prima facie-Executive supreme-

supreme- over legislators.
legislators.
Gwalior Rayon Silk Mfg. v. The Asst. Commissioner -to meet unforeseen difficulties-
difficulties-parliament delay in making changes.
Need to balance:
of Sales.
-Danger of misuse.
-Need of delegation.
delegation.
Permissible Limit?
Limit?
-Application-
Application-with modification-
modification-not change the policy underlying the Act
Ac t-(In
Re Delhi Laws-
Laws-1951)
1951)
Two views:
views:
Two conditions need to be satisfied:
a) Minority:
Minority: any extend-
extend-not -abdication its Parent Act-
Act-lay down the policy-
policy-subject to which-
which-modification-
modification-exercise.
power-
power-ultimate power to withdraw. -modification-
modification-underlying policy-
policy-keep essence & substance of Parent Act
intact
b) Majority-
Majority-Legislature-
Legislature-essential legislative
function-standards & Policy.
function-

Socio-
Socio-economical schemes-
schemes-not sure what difficulty-
difficulty-crop up.

Lachmi Narain v. Union of India AIR 1976 SC 714 Types:

Section 2 of the Part States (Laws) Act, 1950-
1950-empowered Govt. to apply State A) Modification consistence with the statute-
statute-purpose
A- laws with modification…..Central Govt. applied ..
Bengal Finance (Sales Tax) Act, --to
-- to Delhi (33(1) the Adm. Tribunals Act, 1985/ S.26 Legal Services Authority Act 1987. )

Section 6-
6- Act-
Act-sales tax-
tax- goods – schedule-
schedule- exempt – taxation-
taxation-by 3 months notice-
notice- B) Modification of parent or any other Act-
Act- Art-
Art-392 (1)-
(1)-President by order-
order-in
further Govt.
accordance with constitution –may make such adaptations & modifications-
modifications-
- authorized to make modification ‘as
‘as it think fit’
fit’
repeal or amendments-
amendments-order is final-
final-transition to 1935 Act-
Act- constitution. /Art.
372 (2)-
(2)-Three year
Govt. – modified – 3 months notice-
notice-parliament amended-
amended-other sections-
sections-1959-
1959-
HC-
HC - dismissed – parliament indirectly approved.

SC.-modification ultra vires-changed the ‘essential feature’ or legislative policy

SC.-
inherent in Act.
Act. Sec. 59,
59, The Advocate Act, 1961.
Notice-
Notice-those affected is necessary-
necessary-make representation.
representation. -(Add. Solicitor –General-
General-ex-
ex-officio-
officio-member –Bar-
Bar- Council -Delhi
-Post-
Post- abolished-
abolished- 1968-
1968- )
(- Advocates Removal of Difficulties Order 1968-
1968- Additional Solicitor G=shall
shall be
SC-
SC- Modification-
Modification-required to adjust, adapt and make the enactment suitable to
to
particular local condition of – union territory-
territory-carrying operation. construed as reference to the Solicitor-
Solicitor-General of India)
India)

Minor character - not change – essential policy.

***

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Jalan Trading Co. (P) Ltd. V. Mill Mazdoor Sabha AIR 1967 SC 691
Sec. 37 (1) Payment of Bonus Act, 1965 – order -consistence with the
purpose of Act-
Act-as might necessary for removal – difficulty or doubt-
doubt-
(order made – final 37(2)-
37(2)-

Held-
Held-
Minority liberal view-
view-function by central not a legislative function-
function-
not created another legislature.
legislature.

-Court-
Court-delay & expense-
expense-parliament has given power to central
Govt.. -to remove difficulties.
Govt

Majority- Sec. 37 ultra virus-executives sole judge-

Majority- judge- legislative
power delegation-
delegation-not permissible.
permissible.
****

Valid order-
order-removal of difficulties:
difficulties:- 5) Power to impose tax:
Art. 265 Constitution -No tax shall be levied or collected except by authority of law
A) -that difficulty has arisen in giving effect to the
Treated –exclusive function of legislature.
legislature.
Act-sine quo non.
provisions of the Act-
Modern view-
view-up to some extent relaxed.
B) -that order –made-
made-removal of such difficulty.
difficulty.
Cannot imposed unless,
unless, specifically authorized.
authorized.
C) -that order not inconsistent-
inconsistent-with fundamental scheme of the
Act-
Act-minor-
minor-to make it workable. -General authorization-
authorization-for carrying purpose of Act-
Act-not include taxation

-Policy & guidelines shall provided:

4) Power of inclusion & exclusion: Policy-
Policy-Preamble, objects of Act & its provisions
Act-
Act- legislature-
legislature-makes –applicable to some areas & Classes-
Classes-
empowers govt.-
govt.-apply-
apply-different territories, persons or Delegation:
commodities. Power to exempt any item from tax.
Power to bring certain items within ambit of tax.
Essential Commodities Act, 1955. Power to determine –within the minimum and maximum –laid down in the
Exclusion:-
Exclusion:-Sec. 36 of Payment of Bonus Act, 1965 Act.

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Judicial control on delegated legislation:

Function cannot be delegated:
delegated:

1) Essential legislative function & Policy cannot be delegated.

Ultra Vires
Vires--beyond power, authority or lack of power. The
-Delegation cannot be held excessive-
excessive-merely on the ground-
ground-could have
act is ultra vires
vires--beyond power, authority or jurisdiction.
made more detailed provisions.
provisions.
(executives sole judge) Intra vires
vires::-All decisions-
decisions-legislative; quasi judicial or
administrative--
administrative-- harmony with –constitution =good
--harmony =good faith-
faith-
2) Modification-
Modification-not essential in character. purpose., parent Act, other laws of the land.
3) Retrospective Effect (Art. 20(1))-
20(1))-Cannot be delegated. Difference between ultra virus & illegal.
4) Adaptation of Future Acts-
Acts-adopt existing-
existing- cannot –future. -ultra vires –excessive power-
power-may or may not be illegal.

5) Ouster of jurisdiction of the court. Types:

A) Substantive Ultra Vires
** B) Procedural Ultra Vires

A) Substantive Ultra Virus:

Virus:
1) Where parent Act is unconstitutional
1) Where parent Act is unconstitutional:
unconstitutional:
2) Where parent Act delegates essential legislative function.
If Act is unconstitutional-
unconstitutional-delegation is necessarily bad.
3) Where delegated legislation is inconsistence with parent Act
Those who does not possess-
possess-cannot delegate.
4) Where delegated legislation is inconsistence with general law 1)-
1)-If it does not possess authority-
authority-lists-
lists- Art. 245/246
5) Where delegated legislation is unconstitutional/ Unreasonableness.
Unreasonableness. 2)-
2)-Against fundamental rights -13(2)
6) Mala fide:
fide : Bad faith
3) -Procedure –based on amendment- amendment-basic structure(SP
Sampath Kumar/L. Chandra/-
Chandra/-323 A & B-
B - basic structure- 28 -Adm. Tribunals Act).
structure-section 28-
7) Exclusion of Judicial Review

8) Retrospective Effect 4) Excessive delegation

9) Sub-
Sub-delegation

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Chintamanrao v. State of MP AIR 1951 SC 118:

Manufactures of Bidis Act, 1948

SS-
SS-3-4:-
4:- Parent Act-
Act-empowers-
empowers- Deputy commissioner to
prohibit manufacturing of bidis in some area during certain
period-Ultra Vires- both -rules & parent Act-
period- Act-Art. 19(1)(g) rw-
rw-
19(6)

(Reason-
Reason- 1) Altogether stopped –only agriculture labour could
have been restrained.
2) Time of the bidi –manufacturing could have been regulated
3) It cannot be denied –incapable
incapable persons-
persons-who are incapable of
being used for agricultural labour-impact
impact on livelihood
-no reason to stop them-
them-from working)
*

2) Where parent Act delegates essential legislative function:

Naga People’s Movement of Human Rights -In re Delhi Laws Act, AIR 1951 SC 332.
-Gwalior Rayon Silk Mfg. v. The Asst. Commissioner of Sales.
v. U. of India-
India- AIR 1998 SC 431.
Validity of parent Act (Arm Forces (Special Provisions) Act
1958)-
1958)-Conferred arbitrary & unguided powers-
powers- disturbed 3) Where delegated legislation is inconsistence with parent Act:
area-
area- (S.3.) 12(b) –what is disturbed area
Exercise –power valid-
valid-exactly to power granted.

Indian Council of Legal Aid & Advice v. Bar Council of India AIR 1995 SC 691-
691-
-SC-
SC-Before declaring-
declaring- disturbed area-
area-there R-9: Parent Act-
Act-enabled Bar council-
council-lay down the conditions subject to
must exist grave situation of law & order-
order- which-
which - advocate-
advocate- “Shall have right to practice”-
practice”- 29

basis on which opinion can be formed.

formed. Bar council-
council-rules –barred advocate-
advocate- Enrolment-
Enrolment-who had completed 45 years.
years.

-Not against –Art. 14 Held: Ultra vires-Bar council empowered to make rules after enrolment.
-Right to practice-
practice-not right to enrolment.
enrolment.
**** ***

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4) Where delegated legislation is unconstitutional/unreasonable:

-Art. 13 (2): -Art.14 –
Parliament -cannot be presumed-
presumed-intended to confer power-
power-to act 5) Mala fide: Bad faith:
faith: Improper motive
contravention-
contravention- constitution.

182- Air India Corporations Act

Air India v. Nergesh Meerza AIR 1981SC 182- England-
England- Authority-
Authority-shall use it in good faith-
faith-can
1953- declared ultra vires.
Regulation issued by –Air India-
India-1) Air Hostess could
could not marry-
marry-4 year. 2) Air
Hostess could be terminated-
terminated-Pregnant-
Pregnant-arbitrary, unreasonable-
unreasonable-Art. 14 & 15.
3) Age-
Age -35-
35-discrition (Managing director )–
)–extend-
extend-45
Lord Russel C.J. –Kruse v. Johnson (1998) 2 QB
=It is unreasonable-
unreasonable- abhorrent to the notion of civilized society & interfering 91-
91-If a bye –law discloses bad faith,
faith, it may be
with ordinary course of human nature/
consequences-
consequences- married life.
nature/not a disability –natural held ultra vires by court on that ground also.
also.

India:-
India:-
Assumptions-
Assumptions-every authority acts – according to constitution (Maneka Administrative law-
law-based on the principle that –
Gandhi v. U. of India) power should be used in good faith.
The court has to start with presumption-
presumption-valid-
valid-party challenging shall prove.
prove.
If two construction are possible-
possible-one which favours constitutionality of law-
law-
should be preferred-
preferred-

6) Exclusion of judicial Review:

Rule of law/separation of power-

power-Power of judicial review.
Legislatures-
Legislatures- rules etc. “Shall not called in question in any court” “Shall be -Jurisdiction-may ousted-expressly or
final” “Shall be Conclusive”
necessary implications.
Finality clauses-
clauses-
A) -No provision of appeal, revision or reference to higher authority.
authority. Even ousted-It
ousted has jurisdiction:
B) -Jurisdiction of the civil court is expressly barred.

First—
First—No-
No-inherent right to appeal-
appeal- Dhulabhai v. State M.P. AIR1969 SC 78-
78-
-Provisions of Act/Rules are not complied
can be denied if adequate alternative-
alternative-remedy. with-Statutory
Statutory duty.
- s. 17 Madhya Bharat Sales Tax Act (1950)- provides that no -Not complied with Natural Justice
assessment made under the Act shall be called in question in any
court.
-Decision is based on No evidence/Error
evidence on
Second-
Second-Finality provision-
provision-Sec. 9 CPC-
CPC-suit
the face record- Etc.
=SC/H.C.?
Sec. 170 of Representation of the People Act ,1951-
,1951- ***
“No civil court shall have jurisdiction to question the legality of any
action/decision –by returning officer or any other officer-
officer-appointed under
this Act in connection with an election”
election”

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Conclusive Evidence:
Sec. 35 of Companies Act, 1956-
1956-treats certificate of incorporation-
incorporation-issued by
registrar –conclusive evidence-
evidence-that all requirement of the Act –complied
with. “Shall not be called in question”:
question”:

Sec. 6 (3) Land Acquisition Act, 1894-

1894- Sec. 38 of the Pharmacy Act, 1948-
1948-
Declaration of Govt.-
Govt.- Conclusive evidence-
evidence-land required for a public -Bar of other Jurisdictions-
Jurisdictions-No order refusing -enter and
purpose. removing from register –shall called in question in any court”
court”
Somawanti v. State of Punjab AIR 1963SC 151
-Petitioner –There is different between-
between-conclusive proof (S 4 IEA)& conclusive -17 (1) award –under Industrial Disputes Act,
Act, 1947-
1947- “Shall be
evidence. final ----”
----”
-Conclusive Proof-
Proof-court is precluded from considering other evidences once -Art. 136-
such fact is established. 136-provison of the Act –read subject to overriding
-Conclusive evidence-
evidence-existence of other facts-
facts- was not shut out.
out.
provisions of the constitution.

Held:-
Held:- “Once the law says that evidence is conclusive it shuts out any other -Art. 32/226/227 & 136.
evidence-
evidence-detract from the conclusiveness of that evidence” -Judicial review-
review- basic structure.
-Object-
Object-to make-
make- fact nonjusticiable –both for achieving same result.

7) Where delegated legislation is inconsistence with general law:

9) Sub-
Sub- delegation:
Prohibited under a general law-
law- permitted by rules?
delegare””
“Delegatus non potest delegare
Cannot be contrary to –Law of Land/other laws.
Delhi Laws Act – case-
case- Justice Mahajan-
Mahajan- public functionaries – shall perform –
duties… “Judges
“J udges are not allowed to surrender their judgment to other ---they
---they
(AIR India v. Nargesh Mirza—
Mirza—4 year-
year- marriage) alone are trusted with the decision”

8) Retrospective Effect (20(1)):

State of Bombay v. Shivbalak AIR 1965 SC 661-
661- “Delegate who is authorized by
the principle cannot in turn delegate that authority to a delegate of his own.”
-cannot have retrospective effect-
effect-expressly or by implication-
implication- provided. Bombay Tenancy and Agricultural Laws Act, 1948
=Ashok Lanka v. Rishi Dikshit, (2006) 9 SCC90-
SCC90-sub-
sub-ordinate – cannot – Deputy –collector- sub-
sub-ordinate
retrospective –but clarificatory notification can be given retrospective effect. -Not to delegate his authority to hold an enquiry, but to get the material
necessary for the enquiry collected by his subordinate officers.
*
-Retrospective effect to rules made under –Art. 309-309-Can give retrospective -Not applied -53(1)-
53(1)- executive power-
power-president – cannot personally
effect--
effect-- constituent power -Ministerial power-
power- no discretion-
discretion- State of Bombay v. Shivbalak-
Shivbalak-AIR 1965-
1965- SC
661
***
nexus-
-Absence of nexus retrospectively-
-no rule –retrospectively unfair-
- unjust & unfair--Arbitrary? Art-
Art- Sub-
Sub-Delegation-
Delegation-
14 ** 1) Legislative Power
2) Judicial Power
3) Administrative Power

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 18-10-2015

Legislative Power:-
Power:-
Sec. 40 of Defence of India Act,
Act, 1962-
1962-Authorised State Govt.
Govt. to
delegate power to any officer or authority-
authority- subordinate to it-
it-
Sec-
Sec-3-rank of district mag.

-only to competent & responsible person-

person-statutory discretion.
- Expressly provided.

Judicial power:-
power:-
Gullapalli Nageswara Rao v. A.P.S.R.T.C. AIR 1959 SC 308
-Hearing by Secretary.
-Order by Minister.
– “If one person hears & another decides,
decides, personal hearing
becomes an empty formality.”
formality.”

“It goes without saying that judicial power cannot -ordinarily

delegated unless the law expressly or by clear implication
permits it.”
it.”

B) Procedural Ultra Vires

Administrative: 1) Publication-
Publication-
If permitted by statute-
statute-expressly or inferred 2) Consultation-
Consultation-

by necessary implication. 1) Publication-

Publication-
◦ Ignorantia juris non excusat
◦ (Sec. 7-
7 - Adm. Procedure Act, US - Publication)
◦ ****
◦ Harla v. State of Rajastan AIR 1951 SC 467 ( Jaipur Opium Act, 1923)
1923)
◦ process-
Delegated legislation - secrete process access-
-Public or representative of public have no access-
affect-
can affect -lives, liberty or property.
“Sub-
“Sub-delegation of administrative-
administrative-permitted-
permitted- -Section 1 "(c) It shall come into force from the 1st of September, 1924."
provided-
provided -Control over its exercise-
exercise- is ◦
◦
- Publication of some reasonable sort is essential.
***
retained by nominee of parliament.”
parliament.” ◦
◦
Publication::-
Mode of Publication
B.K. Srinivasan v. State of Karnataka AIR 1987 SC 1059
Mysore Town and Country Planning Act, 1961-
1961 -rules
S.13-
S.13-used the words "the
the Plan and the Regulations“-
Regulations“-official Gazate –Pub. Plan –
Policy or guidance by Authority to sub-
sub- mentioned regulation –avail. Office. –held valid
◦ Act-
- Parent Act followed-
- Mode must be followed Language..
-Language
delegate:
delegate: ◦
◦
Act-
- Parent Act mode-
- Silent –reasonable mode -Customary –official Gazette.

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 18-10-2015

2) Consultation-
Consultation-
-Safeguard against misuse.
misuse.
-Democratic process.
process.
-Useful to balance –individual interest-
interest-administrative agency.
Defect in publication:
Binding-
Binding-Consultation does not mean consent or concurrence-
concurrence-Art. 124
-Omnibus Curative Clause-
-Parent Act-
Act-No act done or proceeding taken Consultation is binding-
binding-Nature of language

shall be called in question-

question-merely-
merely-on
Types of consultation in India:
ground-
ground-defect/irregularity—
defect/irregularity—Not affecting
-1) Official consultation-
consultation-delegation subject to condition-
condition- officer /agency or
merit of the case. govt.
Sect. 52 of The Banking Companies Act, 1949-
1949-consult-
consult-Central Govt. -
Reserve Bank

B.K. Srinivasan v. State of Karnataka AIR 1987 -2) Consultation with statutory bodies:
bodies:
Sec. 6 & 12 Drug Act, 1940-
1940-Central govt. –consult-
consult-Drugs Technical --
SC 1059 Board.

-Reasonable.
Reasonable. 3) Consultation with advisory Bodies:
Bodies:
Mining Board-
Board-Under Indian Mines Act, 1901-
1901-established –assist & advise
Govt.
Govt. / Art. 22-
22 - consultation-
consultation- advisory board.
4) Consultation with affected persons/interested persons.
persons.:-

**** Laying Clauses: Atlas Cycle Industries Ltd. V. Haryana AIR 1979 SC 1149
B) Legislative Control: Essential Commodities Act 1955 --Requirement as to laying before
both Houses of Parliament = iron sheets
i) Laying on Table
II) Scrutiny Committee 1) Laying without further permission-
permission-information.
information.
2) Laying subject to negative resolution-
resolution-No effect/with modification.
i) Laying on Table:-
Table:- 3) Laying subject to affirmative resolution.
resolution.
-Depend on wording in statute.
statute.
Two Purposes:
*
-It informs legislatures-
legislatures-scope.
scope. 3)Laying
3)Laying subject to affirmative resolution:
-It provides opportunity to Question/Challenged/modify Art. 352 (4)-
(4)-Proclamation of emergency-
emergency-(War/external
rules already made. aggression/armed rebellion).
rebellion).

“Shall be laid before each house of Parliament”

Parliament”
II) Scrutiny Committee: & “Shall be cease to operate at the expiration of one month.”
month.”
-Lok Sabha Committee on subordinate Legislation. -Affirmative resolution.
resolution.
-Rajya Sabha Committee on subordinate legislation.

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II) Scrutiny Committee:

Laying down & judicial Review:
Review: A)-
A)-Lok Sabha Committee on subordinate
(Constitutional/Parent Act/Mala fide/against Legislation
general laws etc.)
Consist- 15 Members-
-Consist- Members-nominated by speaker -
1year-
1year-All political parties
-Laying confers no immunity from judicial
review. B) -Rajya Sabha Committee on subordinate
legislation.
** -Consist-
Consist-15 members-
members-Nominated-
Nominated-Chairman of
Rajya Sabha.
Sabha.

-Report to house.

Main Function (Rule-

(Rule-320):
320):- shall be to examine:
(Rules of Procedure and Conduct of Business in Lok Sabha)
Sabha)
1) Whether Rules are accordance-
accordance-Constitution/
Constitution/general
objectives-
objectives- of law.
2) Whether it contains imposition of tax
3) Whether it directly/indirectly bars jurisdiction of
courts
4) -Retrospective effect
5) – Involves expenditure from the consolidated fund
6) –Unjustified delay in publication or laying
7) –Requires further-
further-Elucidation /clarification
/clarification etc.
-Scrutiny of Bills-
Bills-delegating powers
-Rajya Sabha (R. 209)-
209)-Almost Similar function.
function.

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Memorandum on Delegation:

-Lok Sabha Rule 70 & Rajya Sabha Rule 65.

Bill Involving proposal of Delegation-
Memorandum-explaining scope.

Role –interpretation?

** *

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