[National Law University Odisha] [Administrative Law]

NATIONAL LAW UNIVERSITY ODISHA

Administrative Law

PROJECT ON:

EXCESSIVE DELEGATION: AN INDIAN PERSPECTIVE

SUBMITTED BY:
Ankur Sharma (19BA026)
Junaid Muhammad Anshad (19BA055)

5TH SEMESTER

B.A. LL.B.

of

NATIONAL LAW UNIVERSITY, ODISHA

Under the guidance

Of

Ms. Rishika Khare (Assistant Professor of Law)

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ACKNOWLEDGEMENT
The completion of this project required a lot of guidance and assistance from many people and
we are extremely privileged to have got this all along the completion of our project. We would
like to show our gratitude to our teacher, Ms. Rishika Ma’am for giving us support and
guidance throughout. We would also like to thank the college for providing us an opportunity
to do the project work and providing the necessary database support. Finally, would also like
to expand our gratitude to all those who have directly and indirectly guided us in writing this
assignment.

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TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 4

RESEARCH QUESTIONS ....................................................................................................... 5

RESEARCH METHODOLOGY............................................................................................... 5

THE CONCEPT OF DELEGATED LEGISLATION: NATURE AND SCOPE ..................... 5

COMPARATIVE ANALYSIS: USA, UK AND INDIA .......................................................... 7

RECENT CASES ON EXCESSIVE DELEGATION ............................................................... 8

Rojer Mathew v South Indian Bank Ltd ................................................................................ 8

Union of India v Purushottam ................................................................................................ 8

IT RULES 2021: A CASE OF EXCESSIVE DELEGATION .................................................. 9

Relevant Provisions of IT Rules, 2021 .................................................................................. 9

Legal Validity of These Provisions...................................................................................... 10

CONCLUSION ........................................................................................................................ 12

BIBLIOGRAPHY .................................................................................................................... 13

Case Laws ............................................................................................................................ 13

Statutes and Rules ................................................................................................................ 13

Journals & Articles .............................................................................................................. 14

Books ................................................................................................................................... 13

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INTRODUCTION

Nowadays under the Welfare State, government intervention has permeated nearly every area
of human endeavour, leading to the introduction of a large number of laws to manage this ever-
expanding phenomenon.1 We need delegated legislation to carry out the law since there is not
enough time for consideration, debate, and approval in the Legislature. Law-making has
become a highly technical process, and legislation must be faultless down to the smallest of
minutiae. To be seen as possessing the authority of the legislature, an act must be delegated to
another person or body. There are particular constraints on the legislature’s delegation powers
in India to prevent undue delegation. When it comes to limiting executive branch power, the
subject of delegated legislation becomes critical. The concept of excessive delegation is used
by courts when determining whether a power-assignment agreement is legal. So, the Executive
should not be given excessive power because it dilutes both responsibility and supervision of
the original administrative authority.2 However, the question now isn't whether delegated
legislation is necessary or not, but rather how to ensure that administrative institutions receive
as little advantage as possible from the power granted to them under acceptable constraints.

Excessive delegation describes when one authority extends or delegated its authority over
certain functions to another. Politically speaking, legislators enact legislation, while the
administration puts it into action. If you over-delegate, you're giving the executive branch
power to make laws on behalf of the legislature, and then giving that power to a lower-level
bureaucracy.3

The 'Doctrine of Excessive Delegation' is a controversial topic in India due to the wide scope
of its application and repercussions. Understanding the nature of Indian politics is critical
because the world's largest democracy is built on the backs of the world's second-largest human
population, which is made up of indigenous social groups bound together by cultural solidarity
throughout history.4 India claims its roots in the world's oldest civilization while forming one
of the world’s youngest states. Indian democracy successfully shifted from executive to
legislative supremacy.

1
MP Jain and SN Jain, Principles of Administrative Law (Lexis Nexis 1986) 38.
2
Ganguly ‘Administrative Legislation in Modern India: A Preface’ [1968] 29(1) The Indian Journal of Political
Science 36-43.
3
JF Manning, ‘The Nondelegation Doctrine as a Canon of Avoidance’ (2000) The Supreme Court Review, 223-
234.
4
VN Shukla, ‘Judicial Control of Delegated Legislation in India’ [1959] 1(3) Journal of the Indian Law Institute,
357- 374.

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As opposed to states joining to form a union, India's founders chose the safe and rare road of
Federalism with a Unitarian tilt, where the Union established States and gave them substantial
autonomy.5 It might be said that India pre-existed before it was divided into states by a powerful
Union.

Quasi-Federalism is another name for India's federal structure. We will analyse the Excessive
Delegation Doctrine through the lens of Federalism. Parliament, the executive branch, the
courts, and the free press all uphold India's democratic temple structure. They stand on separate
pillars, each fulfilling a specific duty, but they all have a common foundation, a common peak,
and a common sanctum, namely India.

RESEARCH QUESTIONS

• What is the nature and scope of the concept of Delegated Legislation in India?
• How does India’s principle of delegated legislation and doctrine of excessive
delegation fair with respect to USA and UK?
• Whether the provisions of notified IT Rules 2021 is case of excessive delegation?

RESEARCH METHODOLOGY

The project follows the doctrinal method of research based on secondary descriptive materials
analysing case laws, journals, books and blogs qualitatively. The citation format to be used in
the project is OSCOLA, 4th edition.

THE CONCEPT OF DELEGATED LEGISLATION: NATURE AND SCOPE

According to the definition, delegation of authority and jurisdiction refers to laws passed by
authorities other than the Legislature and implemented according to an express delegation by
the latter. Delegation is seen as a good basis for administrative efficiency, and it does not imply
the surrender of power when it is restored to correct limits. Whatever the case may be, the
delegation must be managed carefully. In any event, the delegation should not be unguided and
uncontrolled.6 Parliament and state legislatures cannot relinquish their legislative powers in
their most fundamental features. Only non-essential legislative tasks can be assigned, and the

5
Justice Thakker & Mrs Thakker, MC Lectures on Administrative Law (4th edn, Eastern Book Company 2010).
6
PP Rao, ‘Separation of Powers in a Democracy: The Indian Experience’ [2005] 37(1) Peace Research 113-122.

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line of demarcation between necessary and non-essential legislative functions is always a moot
matter. Making legislation is one of the most important legislative duties.

Lawmakers are tasked with coming up with broad legislative policy ideas and appointing
officials to carry them out in detail. Legislative policymaking is a prerogative and a function
of the legislature that cannot be delegated to the executive branch. When it comes to amending
or repealing existing legislation, the power to notify and change an Act while it is being
extended as well as make amendments or repeals is subject to the antecedent condition that
important legislative responsibilities cannot be delegated.7 In order to avoid the risks, the
Legislature strictly regulates the delegation's scope by providing adequate safeguards,
regulations, and avenues for appeals against executive directives and verdicts against the
government. The Executive's power to alter any part of the law by executive order must be
restricted to what the law conferring that power allows them to do. If you have the ability to
revise the Act, you must do so in support of that policy rather than in opposition. Also, the
Act's basic features, identity, or structure cannot be changed by the amendments.

Indian constitutional articles 245 and 246 states that the Parliament and state legislatures will
exercise legislative power. Delegation of legislative power was not prohibited by the
constitution because it was considered inevitable. As a result, according to Article 13(3)(a) of
the Indian Constitution, all ordinances, orders, bylaws and other documents that are found to
violate fundamental rights are null and void. In addition, courts have recognised delegated
legislation in a number of judicial rulings. In re Delhi Laws Act,8 Vasantlal Magan Bhai v the
State of Bombay,9 and Avtar Singh v State of Jammu and Kashmir10, for instance.

In the case of Arvinder Singh v the State of Punjab,11 Justice Krishna Iyer correctly observed
that the complexities of modern administration are so bafflingly intricate and bristle with
details, urgencies, difficulties, and the need for flexibility that our massive legislature may not
get off to a start if they must directly and comprehensively handle legislative business in their
plenitude, proliferation, and participiality. Delegation of some legislative power becomes an
unavoidable requirement for survival. Because the King came to wield power to repeal
Parliamentary laws, a provision in a statute that grants the Executive specific power to amend
or repeal any existing law is known in England as the “Henry viii Clause.” The said clause is

7
Kumari A, ‘Control Mechanism over Delegated Legislation’, (2018) 6 (2) IJCRT 1.
8
In re Delhi Laws Act [1961] AIR SC 332.
9
Vasantlal Magan Bhai v the State of Bombay [1961] AIR SC 4.
10
Avtar Singh v State of Jammu and Kashmir [1977] AIR J&K 4.
11
Arvinder Singh v the State of Punjab [1979] AIR SC 321.

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no longer in use in England, but it can be found in India in various places. For example, Article
372 of the Constitution authorises the president of India to adopt pro-Constitutional laws and,
if necessary, to make such adaptations and modifications (whether by repeal or amendment) to
bring them into compliance with the Constitution's provisions. A provision like this can also
be found in the State Reorganization Act of 1956 and several other Acts similar to it. So long
as the Executive's alteration of a statute is minor and unimportant, and does not result in any
significant change in the situation.

COMPARATIVE ANALYSIS: USA, UK AND INDIA

Before delving into its administrative aspects, it's critical to grasp delegation of legislative
power as a Jurisprudential notion. As Salmond puts it, “Anything that is derived from a source
other than the sovereign power and hence depends on some higher or supreme authority for its
continuous existence and legitimacy.”

The Indian constitution has plagiarised provisions from other countries' constitutions, while
administrative tasks have been lifted from the US and UK and given an Indian twist.
Administrative law is heavily influenced by ideas such as the rule of law, parliamentary and
presidential democracy, executive supremacy, separation of powers and functions, and
federalism.

Delegation of legislative authority is prohibited by the US Constitution, which adheres to a

rigorous separation of powers. The United States adheres to the legal principle of delegatus
non-potest delegare, which means that executives in the country are prohibited from delegating
their responsibilities further.12

England promotes delegated legislature up to great extent, K.C. Allen observes that nothing is
more striking in the political history of England of the 19th century than the development of
delegated legislation and subordinate legislation. The majority of the countries in Europe
favour delegated legislation.

As a result of Europe being in a constant state of war, the Parliament was not always in a
position to hold sessions and approve laws through discussion and debate. As a result, the
Executives were given more authority during the Second World War. As a result of Imperialism

12
Eric Posner and Adrian Vermeule, ‘Interring the Nondelegation Doctrine’ [2002] 69(4) The University of
Chicago Law Review.

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and Colonialism, European powers also had their paws all over the world. Executives were
given complete authority by legislative statutes till they worked in the interests of their Colonial
State. Because of the country's history, its whole civilisation was built by settlers who came
from other parts of the world. And until the world wars, it adhered to a worldwide non-
interventionist foreign policy as its state polity, much like the United States, which structured
its government to ensure a clear division of powers.

Analysing both comparatively with India, as always, our founding father did choose the safest
central path. Retaining its administrative/executive legacy from the British, Separation of
power is arranged with Unitary bias.13 Administrative and Executive mechanism is strong, firm
and deeply rooted in all parts of the country thus, executives are delegated with the considerable
authority of legislating the rules but ultimately are responsible to the Legislature.

RECENT CASES ON EXCESSIVE DELEGATION

ROJER MATHEW V SOUTH INDIAN BANK LTD14

The case was regarding Part XIV of the Finance Act, 2017 which dealt with tribunals. It
discussed the issue whether the Tribunal, Appellate Tribunal and Other Authorities
[Qualifications, Experience and Other Conditions of Service of Members] Rules, 2017 was
ultra-vires or not. The composition of the Search-cum-Selection Committees, term of office
and maximum age of Tribunal members, qualifications of members and presiding officers,
procedure for removal of Tribunal members etc., were provided for in the rules. The court held
that the lack of enough judicial members in the search-cum-selection committee was in direct
contravention of independence of judiciary and rules specifying it is an excessive interference.
The court also reaffirmed that tribunal replacing any court shall posses the legal expertise
similar to that of court. The Court quoted the Union of India v. Madras Bar Association case
and stated that tribunal members could not be removed without the assent of the judiciary or in
the same way prescribed judges of Constitutional Courts are removed as per constitution of
India. The rules were struck down in its entirety.

UNION OF INDIA V PURUSHOTTAM15

The respondent who is in armed forces was seen to be responsible for 2 offences out of 4 that
was committed without authority. Reviewing authority set aside the same. However, he

13
KC Joshi, An Introduction to Administrative Law (Central Law Publication 2006) 43.
14
Rojer Mathew v South Indian Bank Ltd [2020] 6 SCC 1.
15
Union v Purushottam [2015] 3 SCC 779 .

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received a show cause notice under rule 13 of Army Rules 1954 and was terminated. The
respondent approached High Court and the notice was quashed. The show cause notice was
passed solely on the basis of rules and not on the basis of the act itself. The power to do the act
must arise from the statute, or else it would suffer from being excessive delegation and hence
ultra vires. Rules are only present as guidance for the authority but is never above the parent
statute and hence be interpret in harmony with it.

IT RULES 2021: A CASE OF EXCESSIVE DELEGATION

Ministry of Electronics and Information Technology, Union Government on 25th February

2021 notified The Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 (“IT Rules 2021”) under section 87 (2) of the Information Technology Act
(“IT Act 2000”) and it superseded Information Technology (Intermediary Guidelines) Rules,
201116. The intention behind the new rule as seen from the government is to increase the
accountability of social media intermediaries and establishment of grievance resolution system.
The IT Rules 2021 also intends to regulate digital news and OTT platforms17. This was received
by wide range criticism across India. Recently, the IT Rules were stayed by Madras and
Bombay High Courts.

RELEVANT PROVISIONS OF IT RULES, 2021

Rule 2 (w) defines the term social media intermediary as;

“social media intermediary means an intermediary which primarily or solely

enables online interaction between two or more users and allows them to create,
upload, share, disseminate, modify or access information using its services.”

Rule 4 (2) provides that the social media intermediaries, will be obligated to locate the ‘first
originator’ of information in their platforms. Though ‘first originator’ has neither been defined

16
Shrey Fatterpekar, ‘IT Rules 2021 explained: Non-compliance will expose WhatsApp, Facebook, Twitter to
Significant Liability’ (First Post, 27 May 2021) <https://www.firstpost.com/india/it-rules-2021-explained-non-
compliance-will-expose-whatsapp-facebook-twitter-to-significant-liability-9661461.html> accessed on 12
October 2021.
17
Maharshi Thakkar and Shreshthraj Srivastava, ‘The Concept of Originator in Terms of Information Technology
Rules 2021 and its Implications on the Right to Privacy’ [2021] 4 (3) IJLMH 6114.

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in the parent act nor the IT Rules 2021, it is suggested to be the person who first shares an
information. However, the parent statue does not provide any guidance to interpret obligation.18

Rule 4(4) of the IT Rules 2021 mandates that Significant Social Media Intermediaries have to
deploy automated tools to identify content which depicts rape, child sexual abuse or conduct,
or any information which has been previously removed.19

Rule 8 & Rule 9 forms Part III of the IT Rules 2021. Part III deals with code of ethics which
digital media and OTT platforms are subject to. It also mandates the setting up of a three-tier
grievance redressal system.

Rule 14 provides that inter-departmental committees shall decide the disputes at the level-III.

LEGAL VALIDITY OF THESE PROVISIONS

Section 79 of the IT Act 2000 provides for exemption of liability for intermediary20. The rules
4(2) and 4(4) are ultra vires to section 79 of IT Act 2000. There was neither any policy
declaration intending to impose such a provision and the intend of parliament was not in this
regard. Here it is an essential legislative function which cannot be delegated. The provision
also provides for the union government to prescribe the intermediaries to perform ‘due
diligence’ in order to maintain their immunity. This is much outside the ambit of ‘due
diligence.’ Under section 4(4) and part-III, the authority is suggesting to sub delegate power
further to private unaccountable individuals without providing any guidance as to what forms
automated tools and the discretion in deciding what a content can be classified as rests on these
individual or the automated tools. A petition was challenged before the Delhi High Court by
Whatsapp LLC challenging section rule 4(2).21

Section 69 A of the IT Act provides for the power of to issue directions for blocking of public
access of any information through any computer resource.22 As per rule 15(2), it provides the
power to issue directions to any “publisher, any agency of the Government or any
intermediary” to block for access by the public any information or content. Section 69A does
not consider ‘morality or decency’ as a ground, while the IT Rules considers those criteria as
well. The IT Rules 2021 grants far larger set of powers, including the ability to demand an

18
Sourav Paul, ‘Excessive Delegation and India’s New IT Rules 2021’ (Constitutional Law Society NLUO, 26
March 2021) <https://clsnluo.com/2021/03/26/excessive-delegation-and-indias-new-it-rules-2021/> accessed 12
October 2021.
19
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, r4(4).
20
Information Technology Act 2000, s79.
21
Whatsapp LLC v Union of India [2021] dated 25-05-2021.
22
Information Technology Act 2000, s69A.

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apology or disclaimer, and delete or modify content23. Neither does the parent act specifies of
OTT platforms or digital media. In the case of General Officer v Subhash Chandra Yadav, it
was laid down by the Hon’ble Supreme Court that for a rule to be valid, two conditions have
to be followed;

“1. it must conform to the provisions of the statute under which it is framed;
and

2. it must also come within the scope and purview of the rule making power of
the authority framing the rule.”24

In the present case, it clear that the provisions are outside the scope of the parent statute and
outside the purview of rule-making power provided. The IT Rules 2021, brings digital media
under the purview of Press Council of India Act and the Cable Television Networks
(Regulation) Act, 1995. This is about conferring powers not granted to them by the parent act.25

Rule 14 raises a lot of doubts whether the inter-departmental committees are equipped to deal
with redressal cases which require legal expertise and acumen. To serve a quasi-judicial
function especially in a committee that deals with constitutional matters of right to privacy and
freedom of speech and expression predominently.

High Court of Bombay stayed Rule 9 (1) and 9 (3) of the IT Rules 2021 in the case of Agij
Promotion of Nineteenonea Media Pvt. Ltd v Union of India26 that challenged the rules on the
grounds that it was ‘ex facie draconian, arbitrary and patently ultra vires’. In the case of Digital
News Publishers Association and Mukund Padmanabhan vs. Union of India, Madras High
Court stated that the oversight mechanism had the power to potentially harm the independence
of media and also stayed the rules as Bombay High Court.27 Many petitions on the same are
pending to be heard.

23
Devdutta Mukhopadhyay, ‘Now streaming: The chilling effect of the new IT rules’ (Indian Express, 11 March
2021) <https://indianexpress.com/article/opinion/columns/new-it-rules-ott-platforms-content-youtube-netflix-
amazon-7222873/> accessed on 13 October 2021.
24
General Officer v Subhash Chandra Yadav [1988] AIR 876.
25
Live Law Media Private Limited v Union of India [2021] WP(Civil) No. 6272.
26
Agij Promotion of Nineteenonea Media Pvt Ltd v Union of India [2021] WP (L) NO 14172 & PIL (L) NO
14204.
27
Digital News Publishers Association and Mukund Padmanabhan Union of India [2021] W.P.Nos.13055 and
12515; Seema Jhingan and Priyam Raj Kumar, ‘Code Of Ethics Under The Information Technology Rules, 2021-
Stay Orders By The High Courts Of Bombay And Madras’ (Mondaq, 9 October 2021)
<https://www.mondaq.com/india/media-entertainment-law/1118278/code-of-ethics-under-the-information-
technology-rules-2021-stay-orders-by-the-high-courts-of-bombay-and-madras> accessed 13 October 2021.

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This was an instance of excessive delegation from recent times. However, it is a good trend to
see the ultra-vires provisions by administrative authorities and excessive delegations being
negated by the courts. The Indian courts have been shifting back and forth in the aspect of
deciding such matters.

CONCLUSION

In India as we have seen from the history of courts, judiciary have been lenient towards
favouring the legislation more often than not. As the pressure from administration and
government increases, the judiciary more or less succumbs to it to an extent. In matters like
taxation and welfare legislations, the judiciary rarely intervenes against the administration.28
With the changing technological advancements and changing policies of government, there
needs to be relook into delegation of power and its implications. Excessive delegation of power
have not been strictly opposed by the judiciary always, only grave instances have seen the court
taking an active role to strike them down. Pragmatically, it is not possible to adhere to the
doctrines strictly, but should least need to be sure that despotism is prevented.

Realising the need for sharing of powers we have moved on from the question whether power
should be delegated to ensuring that the delegated power is properly exercised. To sum up,
“delegated legislation is a necessary evil.”29 The benefits outweigh the disadvantages many
times over. Rules and regulations are drafted and enforced quickly, but this also gives the
Executive authorities, which lack public mandate, a significant amount of autocratic
arbitrariness. It's all up to the people in charge of making and enforcing the rules whether or
not they have the right intentions. Excessive delegation can be a blessing if the executives are
kind, but it can also lead to tyranny if they are not.30 Even though the executive is given
legislative authority, it never surpasses the legislature in power. The delegated law may be
revoked or recalled at any moment by the legislature.

For experimenting with new laws, a state with a restricted delegation of legislative authority is
an ideal place. Indian federalism’s greatest strength is its adaptability, evolution, and

28
‘Delegated Legislation-Classifications-Forms-Reasons for The Growth’ (CUSB, 6 April 2020)
<https://www.cusb.ac.in/images/cusb-files/2020/el/law/Delegated%20Legislation_6th%20Sem.pdf> accessed 15
October 2021.
29
BC Sarma, The Law of Ultra vires, (Eastern Book Company 2004) 1.
30
PP Craig, Administrative Law, (Sweet and Maxwell Limited 2003) 5.

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scalability. As a result of India's extensive constitutional framework, it can accommodate any

administrative change while yet keeping its essential structure.

BIBLIOGRAPHY

STATUTES AND RULES

• Information Technology Act 2000, s69A.

• Information Technology Act 2000, s79.

• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules 2021, r4(4).

CASE LAWS
• Agij Promotion of Nineteenonea Media Pvt Ltd v Union of India [2021] WP (L) NO
14172 & PIL (L) NO 14204.
• Arvinder Singh v. the State of Punjab [1979] AIR SC 321
• Avtar Singh v. State of Jammu and Kashmir [1977] AIR J&K 4
• Digital News Publishers Association and Mukund Padmanabhan v Union of India
[2021] W.P.Nos.13055 and 12515
• General Officer v Subhash Chandra Yadav [1988] AIR 876.
• In re Delhi Laws Act [1961] AIR SCC 332
• Live Law Media Private Limited v Union of India [2021] WP(Civil) No. 6272.
• Rojer Mathew v South Indian Bank Ltd [2020] 6 SCC 1.
• Union v Purushottam [2015] 3 SCC 779 .
• Vasantlal Magan Bhai v the State of Bombay [1961] AIR SC 4
• Whatsapp LLC v Union of India [2021] dated 25-05-2021.

BOOKS
• Craig P, Administrative Law (London: Sweet and Maxwell Limited 2003) 5.

• Jain M, Principles of Administrative Law (1986) 38.

• Joshi K, An Introduction to Administrative Law (Allahabad, Central Law Publication)

2006, p. 43.

• Sarma B, The Law of Ultra vires (New Delhi: Eastern Book Company 2004) 1.

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• Thakker J and Thakker M, MC Lectures On Administrative Law (4th edn, Eastern Book
Company 2010).

JOURNALS & ARTICLES

• Abhijit B and Mohana M, ‘Delegated Legislation: A Study of Its History, Evolution,
and Contemporary Position in India, United States of America and United Kingdom’
[2020] 3 (5) IJLMH.
• Delegated Legislation-Classifications-Forms-Reasons for The Growth’ (CUSB, 6 April
2020)<https://www.cusb.ac.in/images/cusbfiles/2020/el/law/Delegated%20Legislatio
n_6th%20Sem.pdf> accessed 15 October 2021.
• Fatterpekar, S ‘IT Rules 2021 explained: Non-compliance will expose WhatsApp,
Facebook, Twitter to Significant Liability’ (First Post, 27 May 2021)
<https://www.firstpost.com/india/it-rules-2021-explained-non-compliance-will-
expose-whatsapp-facebook-twitter-to-significant-liability-9661461.html> accessed on
12 October 2021.
• Ganguly B, ‘Administrative Legislation in Modern India: A Preface’ [1968] 29(1) The
Indian Journal of Political Science 36-43.
• Jhingan S and Kumar P, ‘Code of Ethics Under The Information Technology Rules,
2021- Stay Orders By The High Courts Of Bombay And Madras’ (Mondaq, 9 October
2021) <https://www.mondaq.com/india/media-entertainment-law/1118278/code-of-
ethics-under-the-information-technology-rules-2021-stay-orders-by-the-high-courts-
of-bombay-and-madras> accessed 13 October 2021.
• Kumari A, ‘Control Mechanism over Delegated Legislation’ [2018] 6 (2) IJCRT, 1.
• Manning J, The Nondelegation Doctrine as a Canon of Avoidance [2000] The Supreme
Court Review 223-234.
• Mukhopadhyay D, ‘Now streaming: The chilling effect of the new IT rules’ (Indian
Express, 11 March 2021) <https://indianexpress.com/article/opinion/columns/new-it-
rules-ott-platforms-content-youtube-netflix-amazon-7222873/> accessed on 13
October 2021.
• Paul S, ‘Excessive Delegation and India’s New IT Rules 2021’ (Constitutional Law
Society NLUO, 26 March 2021) <https://clsnluo.com/2021/03/26/excessive-
delegation-and-indias-new-it-rules-2021/> accessed 12 October 2021.
• Posner E, & Vermeule A, ‘Interring the Nondelegation Doctrine’ [2002] 69(4) The
University of Chicago Law Review 1721-1738.

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• Rao P, ‘Separation of Powers in a Democracy: The Indian Experience’ [2005] 37(1)

Peace Research, 113-122.
• Shukla V, ‘Judicial Control of Delegated Legislation in India’ [1959] 1(3) Journal of
the Indian Law Institute 357- 374.
• Thakkar M and Srivastava S, ‘The Concept of Originator in Terms of Information
Technology Rules 2021 and its Implications on the Right to Privacy’ [2021] 4 (3)
IJLMH 6114.

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