Parliamentary Control of Delegated Legislation in India

Delegated legislation refers to the rules, regulations, and orders created by executive authorities under
powers delegated to them by the Parliament through Acts or statutes. Although it allows for efficient
and timely law-making, it is essential to have proper control mechanisms in place to ensure
accountability and adherence to the democratic principles. In India, parliamentary control over
delegated legislation comprises various instruments and mechanisms that can be broadly classified
under the following subtopics:

Enabling Act Provisions:

The primary source of control over delegated legislation is the enabling Act itself, which lays down the
scope and extent of powers delegated to the executive. The Act often prescribes specific procedural
requirements, such as consultation with affected parties or subject-matter experts, which must be
adhered to while framing delegated legislation. The enabling Act may also specify negative or
affirmative resolution procedures for parliamentary scrutiny and approval of the delegated legislation.

Laying Procedure:

The laying procedure is a common means of parliamentary control that requires delegated legislation to
be laid before the Parliament. There are three types of laying procedures:

a) Simple laying: The delegated legislation is placed before the Parliament without any requirement for
approval or annulment. Parliament may discuss the legislation, but this does not affect its operation.

b) Negative resolution: The delegated legislation becomes effective unless a motion to annul or
disapprove it is passed within a specified period, usually 30 days.

c) Affirmative resolution: The delegated legislation comes into effect only after it is approved by a
resolution passed by the Parliament.

Committee on Subordinate Legislation:

The Committee on Subordinate Legislation is a significant mechanism for parliamentary control of

delegated legislation in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of
States). The primary function of this committee is to scrutinize and report to the Parliament whether the
delegated legislation is in accordance with the enabling Act's provisions. The committee examines if the
delegated legislation:

a) Is in accord with the Constitution and the enabling Act.

b) Involves any unjustified delegation of legislative power.

c) Contains any provision that unduly encroaches upon the rights of individuals.

d) Is retrospective, ambiguous, or inconsistent with the enabling Act or other existing laws.

The committee can recommend the annulment or modification of the delegated legislation if it finds any
irregularity.

Judicial Review:

Although not a direct form of parliamentary control, the judiciary in India plays a crucial role in ensuring
that delegated legislation remains within the bounds of the Constitution and the enabling Act. Courts
can strike down delegated legislation if it is found to be ultra vires (beyond the powers) of the enabling
Act, in violation of fundamental rights, or in conflict with the Constitution.

Parliamentary Questions and Debates:

Members of Parliament can raise questions and initiate debates on any aspect of delegated legislation.
This allows for the scrutiny of the government's actions and ensures transparency in the law-making
process.

In conclusion, parliamentary control of delegated legislation in India is exercised through a combination

of enabling Act provisions, laying procedures, specialized committees, judicial review, and parliamentary
questions and debates. These mechanisms help maintain a balance between efficient law-making and
democratic accountability, ensuring that delegated legislation remains in line with the Constitution and
the enabling Act's intent