Control of Delegated Legislation

• Modern welfare State- Govt. in Democratic form- D.L is

necessary & useful.
• Auth- not act arbitrarily.
• Committee on Minister’s power or Donough more
Committee (1932)- observed- practice of D.L- not bad-
risks of abuse are incidental- i.e safeguards are
necessary.
• Control Mechanism of D.L- can be divided into 3
categories:
1. Parliamentary/legislative Control.
2. Procedural/ Administrative Control.
3. Judicial control.
 Parliamentary/Legislative Control
• Parliamentary democracy- Function of legislature- to
legislate.
• When Parliament delegate powers-
right/duty/obligation of Parliament- exe. Performing
functions or not.
• Parliamentary control- D.L- constitutional necessity.
• Objective- is to keep a check over rule making auth.
& keep within prescribed limits so that there is no
abuse of power.
 Position in India
• Parliamentary Control- normal Constitutional Function as
exe. responsible to Parliament.
• Parliamentary Control- two stage control.

Initial stage Second Stage

Direct control Indirect Control.
Initial Stage- bill provides for delegation of power.
Bill- state- extent of Delegated power.
Basic thing- needs to be considered- whether power-
delegated- valid or not.
 Position in India
Second Stage - Direct & Indirect Control

Direct Control- most imp./basic requirement-

laying requirement.

Rules have to be placed before Parliament.

This laying come into the picture after the rules

have been made.
 Forms of Laying
a) Simple Laying- Parent Act- states- rules laid before parliament
as soon as made.
• Rules/ Regulation- come into effect- as soon as they are laid.
• Inform house- about Rules/ Regulation.
• Directory in nature.
b) Negative Laying- Subject to annulment/ modification.
• Rules- come into force- as soon as placed before Parliament
but ceased to have effect if disapproved by Parliament.
• Time limit- 40 days.
• Directory in nature- unless annulled by Parliament.
 Forms of Laying
c) Affirmative Laying- Rules- no effect- unless approved by
resolution of both the houses of Parliament.
• Mandatory requirement- rules made in draft form- placed before
both houses of Parliament for approval.
• Rules-comes into force- after approval.
• Procedure- strictly followed as effects legal validity of rule.
• Procedure- used- where order/rules- by exe.- true legislation.
• Ex- related to spending of public money.
- Order replaces local acts & provisional orders.
• In three forms- simple laying- hardly used, negative laying-
commonest form of laying.
• Legal Consequence- non- compliance with Laying provisions-
depend on whether provisions in enabling Act are mandatory or
 Test for
Mandatory or Directory Provision.

Test for Mandatory- laying requirement-

condition precedent to bring rules into force.
• Rules- draft form.
Test for Directory- laying requirement-
subsequent to bring rules into operation.
 Case Law
Atlas Cycle Industries Ltd. v. State of Haryana
• Essential commodity- Iron & Steel- Appellants- purchased on higher price-
than max. statutory price fixed by controller.
• Appellants- contented- rules not laid down before 2 houses of Parliament
as required by S.3(6) Essential commodities Act, 1955.
• Issue- Whether Laying provision incorporated in S.3(6) of Essential
commodities Act is mandatory?
• Held- S.3(6) of Essential commodities Act- every order made by Central
Govt./by any officer/auth of C.G shall be laid before both Houses of
Parliament as soon as it is made.
• Word “shall”- not conclusive/decisive- imp. To determine true intention of
legis.
• Real intention- by considering nature & design of the
statute/consequences for non- compliance/causing inconvenience to gen.
public/if any penalty.
• By circumstances- inferred- laying requirement- S.3(6)- is Directory not
mandatory.
 Case Law
D.K. Krishnan v. The Secretary, R.T.A. Chittoor
• Rule 134 A- Madras Motor Vehicles Rules 1940- made- Madras Motor
Vehicles Act,1939.
• Rule authorized- Regional Transport Auth. to delegate its function to
Secretary.
• Rule- Challenged- not laid- before legis. Of Madras State.
• Requirement of S.133(3)- rules shall be laid- not less than 14 days
before legis. As soon as possible- after made- subject to modification
as Parliament or such legis. May make during the session in which they
are so laid.
• Held- Rule- S.133(3)- not made condition precedent or a condition
subsequent- to come into force- not provide any affirmative resolution.
• Rule- in force- till modified by Parliament.
• Statute- rules laid- without conditions attached- Rule Directory.
• Rule- valid.
 Case Law
Jan Mohammad Noor Mohammad Bagban v. State of
Gujarat
• Held- rules made under Parent Act- valid.
• Observed- rules not laid before legislature,
even valid from date on which they are made.
• Act- not say- rules become invalid- if not
placed before legislature.
(Parliament- not in session because of II world
war)
 Indirect Control
Control exercised by Parliament through its
committees:
1. Committee on Subordinate legi. Of Lok- Sabha
2. Committee on Subordinate legi. Of Rajya- Sabha
Committees have to inspect- whether power to
make rules/regulations/bye-laws- given by
Const./delegated by Parliament- properly
exercised or not.
 Main Functions of Committee
1. Whether rules fulfilled object/ purpose/ scheme of Act.
2. Whether it contains imposition of Tax.
3. Whether it bars jurisdiction of Court Directly or Indirectly.
4. Whether there has been justified delays in its publication or Laying.
5. Whether it involves expenditure from Consolidated Fund.
6. Whether it safeguards principle of Natural Justice.
• Reports of Committees- significant to Govt. & Govt.- importance –
reports.
• Tries to implement its recommendations ex- laying rules to be
mandatory, all Administrative rule making- subject to modifications
by a parliament, 30 days- laying must be provided before date of
Final publication- rules.
• These – just recommendations. Suggestive in nature & not obligatory.