ADMINISTRATIVE LAW

UNIT-2
❖ What is Delegated Legislation?

➢ It is very difficult to give any precise definition of the expression delegated legislation. However,
we can say that Delegated legislation is a legislation made by a body or person other than the
sovereign in Parliament by virtue of powers conferred by such sovereign under the statute. When
the function of legislation is entrusted to organs other than the legislature by the legislature itself,
the legislation made by such organs is called delegated legislation.

➢ For example,
• The Income Tax Act, 1961 empowers Board to make rules for carrying out purpose of Act &
for ascertainment & determination of any class of income.
• The essential Commodities Act, 1955 enumerates certain commodities essential commodities
under Act. But the list in statute is not exhaustive and the Central govt. is empowered to
declare any other commodity as essential and apply provisions of Act.
• Other Form of rulemaking power may be conferred by Constitution itself: for example, A.77
gives the powers to President to makes rules regarding the transaction of business of Govt. or
A. 123 & A. 213 gives the ordinance making power to President & Governor not D.L but it
is also legislative Power.

➢ The statute enacted by the legislature conferring the legislative power upon the executive is
known as the "parent Act" or "primary law", and the rules, regulations, bye-laws, orders, etc.
made by the executive in pursuance of the legislative powers conferred by the legislature are
known as subordinate laws or subsidiary laws or the "child legislation".

❖ Distinction between subordinate legislation and Supreme Legislation

➢ Subordinate legislation, also known as delegated or secondary legislation, is created by

governmental bodies, agencies, or officials under the authority granted to them by primary
legislation or statutes enacted by the legislature. It serves to fill in the details or implement the
broad policies outlined in primary legislation, often addressing specific administrative, technical,
or procedural matters. Subordinate legislation operates within the framework set by supreme
legislation, which is the highest form of law within a legal system, typically enacted by a
legislative body like a parliament or congress. Supreme legislation establishes fundamental legal
principles, rights, and obligations, holding precedence over subordinate legislation. However,
subordinate legislation offers flexibility and adaptability in addressing evolving circumstances
or detailed administrative needs without requiring constant amendments to primary laws,
ensuring efficient governance and administration.
 Supreme Subordinate

Act of Legislature proceeds from Supreme Framed by executive & its continuance,
power of the State. existence validity depends upon the supreme
auth. i.e. Legislature.

Doesn’t derive its auth. from any other organ of An Exe. Can make Subordinate legis. Only
the State if such power is given to it by competent
auth. & not otherwise.

❖ Reasons for Growth of Delegated Legislation

➢ Pressure upon parliamentary time- As a result of the expanding horizons of State activity, the
bulk of legislation is so great that it is not possible for the legislature to devote sufficient time to
discuss all the matters in detail. Therefore, legislature formulates the general policy-the skeleton-
and empowers the executive to fill in the details-"thus giving flesh and blood to the skeleton so
that it may live 23-by issuing necessary rules, regulations, bye-laws, etc.

➢ Technicality- Sometimes, the subject-matter on which legislation is required is so technical in

nature that the legislator, being himself a common man, cannot be expected to appreciate and
legislate on the same, and the assistance of experts may be required. Members of Parliament
may be the best politicians but they are not experts to deal with highly-technical matters which
are required to be handled by experts. Here the legislative power may be conferred on experts to
deal with the technical problems, e.g. gas, atomic energy, drugs, electricity, etc.

➢ Flexibility- At the time of passing a legislative enactment, it is impossible to foresee all the
contingencies, and some provision is required to be made for these unforeseen situations
demanding exigent action. A legislative amendment is a slow and cumbersome process, but by
the device of delegated legislation, the executive can meet the situation expeditiously, e.g. bank-
rate, police regulations, export and import, foreign exchange, etc. For that purpose, in many
statutes, a "removal of difficulty" clause is found empowering the administration to overcome
difficulties by exercising delegated power. This Henry VIII clause confers very wide powers on
the government.

➢ Experiment- In times of emergency, quick action is required. The legislative process is not
equipped to provide for urgent solution to meet the situation. Delegated legislation is the only
convenient-indeed the only possible remedy. Therefore, in times of war and other national
emergencies, such as aggression, breakdown of law and order, strike, bandh, etc., the executive
is vested with special and extremely wide powers to deal with the situation. There was substantial
growth of delegated legislation during the two World Wars. Similarly, in the event of epidemics,
 floods, economic depression, inflation, etc., immediate remedial actions are necessary that may
not be possible by lengthy legislative process. In such situations, delegated legislation is the only
convenient way to enact laws.

➢ Emergency- The complexity of modern administration and the expansion of the functions of the
State to the economic and social sphere have rendered it necessary to resort to new forms of
legislation and to give wide powers to various authorities on suitable occasions. By resorting to
traditional legislative process, the entire object may be frustrated by vested interests and the goal
of control and regulation over private trade and business may not be achieved at all.

❖ Delegated legislation in U.S.A.

➢ Though, in theory, it was not possible for the Congress to delegate its legislative power to the
executive, strict adherence thereto was not practicable. Governmental functions had increased
and it was impossible for the Congress to enact all the statutes with all particulars.

➢ In the United States, delegated legislation, also known as administrative law or regulatory law,
refers to rules, regulations, and directives issued by administrative agencies under the authority
granted to them by Congress. This delegation of authority allows administrative agencies to
create detailed regulations necessary for implementing and enforcing the laws passed by
Congress. Administrative agencies, such as the Environmental Protection Agency (EPA) or the
Food and Drug Administration (FDA), are tasked with carrying out specific statutory mandates
in areas like environmental protection, public health, transportation, and more.

➢ Delegated legislation plays a crucial role in the US legal system by allowing for the effective
implementation of broad legislative goals while providing agencies with the flexibility to address
complex and evolving issues. However, there are important constitutional and procedural
safeguards in place to ensure that delegated legislation remains within the bounds of democratic
accountability and the rule of law.

➢ One key aspect of delegated legislation in the US is the requirement of statutory authorization.
Agencies can only promulgate regulations within the scope of authority delegated to them by
Congress through enabling legislation. This means that agencies cannot create regulations
arbitrarily but must operate within the confines of the statutes passed by Congress.

➢ Additionally, the Administrative Procedure Act (APA) of 1946 establishes procedural

requirements for the promulgation of regulations by federal agencies. The APA mandates that
agencies provide notice to the public, solicit comments, and publish final regulations in the
Federal Register, allowing for transparency and public participation in the rulemaking process.

➢ Moreover, delegated legislation is subject to judicial review to ensure compliance with

constitutional and statutory requirements. Courts have the authority to invalidate regulations that
exceed the agency's statutory authority, are arbitrary or capricious, or violate constitutional
rights.
➢ Overall, delegated legislation in the United States is a vital component of the regulatory
framework, allowing for the effective implementation of legislative policies while upholding
principles of democratic accountability, transparency, and the rule of law.

❖ Delegated legislation in India

➢ Pre-Constitution Period
Before the enactment of the Indian Constitution in 1950, India was under British colonial rule,
and its legal system was heavily influenced by British law. During the pre-constitutional period,
delegated legislation in India primarily emerged through the exercise of legislative powers by
the British Crown and the Governor-General of India in Council. The Government of India Act,
1935, served as a significant legal framework during this time, conferring substantial legislative
authority to the British administration in India. Under this Act, the Governor-General and
provincial governors were empowered to issue ordinances, regulations, and rules to govern
various aspects of administration and public policy. Delegated legislation was extensively used
to supplement primary legislation passed by the British Parliament, especially in areas such as
taxation, land revenue, administration, and governance. Administrative agencies and authorities
were also granted discretionary powers to formulate rules and regulations for the effective
implementation of laws. However, the exercise of delegated legislation during this period was
largely centralized and subject to minimal democratic accountability, as legislative authority
rested predominantly with the colonial administration rather than elected representatives.
Despite its shortcomings in terms of democratic governance, delegated legislation in the pre-
constitutional era played a significant role in the administration and regulation of British India,
laying the groundwork for the subsequent development of legislative processes and legal
institutions in independent India post-1950.

➢ Post-Constitution Period
In the post-constitutional period in India, following the adoption of the Indian Constitution in
1950, delegated legislation continued to be an essential aspect of the legal and administrative
framework. The Constitution of India provided for a federal system of government with a
division of legislative powers between the central government and the state governments. While
the Constitution delineated the powers and functions of the legislature, executive, and judiciary,
it also recognized the need for delegated legislation to facilitate the effective implementation of
laws. The Parliament and state legislatures were empowered to delegate certain legislative
powers to executive authorities and administrative bodies through enabling provisions in
primary legislation. Delegated legislation took the form of rules, regulations, notifications, and
orders issued by various government departments and agencies at both the central and state
levels. The Parliament enacted the Essential Commodities Act, 1955, and the Industrial Disputes
Act, 1947, among others, granting regulatory powers to the executive for specific purposes.
Similarly, state legislatures delegated powers to state governments through statutes like the Land
Revenue Code and Municipal Acts. However, the exercise of delegated legislation in India's
post-constitutional period has been subject to constitutional limitations and judicial review,
ensuring that regulations issued by administrative authorities are consistent with the Constitution
and statutory provisions. The Supreme Court and High Courts have played a crucial role in
interpreting and scrutinizing delegated legislation, ensuring its conformity with constitutional
 principles, including the separation of powers, fundamental rights, and the rule of law. Despite
occasional controversies and challenges, delegated legislation in post-constitutional India
remains an indispensable tool for governance, enabling flexibility, efficiency, and responsiveness
in the administration of laws and public policies.

❖ Excessive Delegation

➢ Excessive delegation, also known as "delegation doctrine" or "doctrine of excessive delegation,"

refers to a situation where a legislative body grants overly broad or unrestricted authority to
administrative agencies or executive authorities to make laws or regulations. This delegation of
legislative power can lead to concerns about the separation of powers between the legislative,
executive, and judicial branches of government. Excessive delegation occurs when the
legislature fails to provide adequate guidance or principles for the exercise of delegated
authority, resulting in administrative bodies having almost unrestricted discretion to create rules
and regulations. This lack of clear boundaries can potentially undermine democratic
accountability, as unelected officials may wield significant policymaking authority without
sufficient oversight from elected representatives. Courts play a critical role in evaluating whether
delegated powers are excessive by examining whether the delegation is accompanied by
sufficient standards, guidelines, or principles to ensure that administrative discretion is exercised
within reasonable limits. If a court determines that the delegation is excessive and violates
constitutional principles, it may invalidate the delegated legislation or interpret it narrowly to
bring it into conformity with constitutional requirements. Thus, excessive delegation is a concept
rooted in concerns about the proper balance of power and the rule of law within a constitutional
framework.

➢ Test dealing with the challenge of excessive delegation

• In legal systems that adhere to the doctrine of excessive delegation, courts often employ a test
to determine whether the delegation of legislative power to administrative agencies or
executive authorities is permissible or whether it constitutes excessive delegation. While the
specifics of the test can vary depending on the jurisdiction and legal context, some common
principles are typically considered.

• One widely used test is the "intelligible principle" test, which requires that the legislative
body provide clear and specific guidelines or standards to govern the exercise of delegated
authority. Under this test, the courts assess whether the enabling legislation establishes
adequate parameters or criteria for administrative action, ensuring that the delegated authority
is not exercised arbitrarily or unreasonably.

• Additionally, courts may examine whether the delegation is within the scope of the
legislature's authority and whether it respects the constitutional separation of powers.
Delegated legislation must not unduly encroach upon the core functions of the legislative or
judicial branches of government.

• Furthermore, courts may consider whether the delegation is necessary and appropriate to
achieve a legitimate legislative purpose. If the delegation is deemed overly broad or
unnecessary given the circumstances, it may be invalidated as excessive.
 • Overall, the test for excessive delegation involves scrutinizing the delegation of legislative
power to ensure that it meets certain constitutional and legal standards, including clarity,
necessity, proportionality, and adherence to the separation of powers principle. If a court
determines that the delegation fails to satisfy these criteria, it may declare the delegated
legislation unconstitutional or interpret it narrowly to bring it into compliance with legal
requirements.

❖ Permissible Delegation

➢ Permissible delegation refers to the legitimate transfer of legislative authority from a legislative
body to administrative agencies or executive authorities within a constitutional framework.
Unlike excessive delegation, which raises concerns about the separation of powers and
democratic accountability, permissible delegation involves the delegation of authority that is
accompanied by clear and specific guidelines, standards, or principles established by the
legislature.

➢ In democratic systems, legislatures often delegate certain legislative powers to administrative

agencies or executive bodies due to practical reasons such as the complexity of modern
governance and the need for specialized expertise. Permissible delegation recognizes that
legislative bodies may lack the technical knowledge or resources to address intricate regulatory
matters comprehensively. By delegating authority, legislatures empower administrative agencies
to develop detailed regulations and policies tailored to specific contexts, while still ensuring that
the overall framework is set by elected representatives.

➢ To be considered permissible, the delegation must meet certain criteria. First and foremost, the
enabling legislation must provide clear and specific guidance to administrative agencies
regarding the scope and limits of their authority. This typically involves establishing intelligible
principles or standards to govern the exercise of delegated powers. These principles serve as
guardrails, preventing administrative agencies from acting arbitrarily or beyond the boundaries
set by the legislature.

➢ Moreover, permissible delegation must respect constitutional principles, including the separation
of powers. Delegated authority should not unduly encroach upon the core functions of the
legislative or judicial branches of government. Instead, it should strike a balance between
legislative efficiency and administrative flexibility, ensuring that administrative agencies have
the necessary discretion to implement laws effectively while maintaining democratic
accountability and the rule of law.

➢ Courts play a crucial role in determining the permissibility of delegation by scrutinizing the
enabling legislation to ensure that it meets constitutional standards. Courts assess whether the
delegation is within the legislature's authority, whether it respects the separation of powers, and
whether it provides adequate safeguards against arbitrary exercises of delegated authority.
➢ Overall, permissible delegation is a fundamental aspect of modern governance, allowing for the
efficient and effective administration of laws while upholding democratic principles and
constitutional values. It recognizes the need for administrative flexibility while ensuring that
delegated authority is exercised within the bounds of law and subject to appropriate checks and
balances. By striking this balance, permissible delegation promotes good governance and
facilitates the achievement of legislative objectives in complex and evolving regulatory
environments.

❖ Henry VII Clause and its relation to permissible delegation

➢ The "Henry VIII clause" is a term used in the United Kingdom to describe a provision in
legislation that allows for the amendment or repeal of primary legislation (acts of Parliament)
by subordinate legislation (delegated legislation) without the need for further parliamentary
approval. This clause is named after King Henry VIII, who famously used proclamations and
ordinances to bypass Parliament and consolidate his power during his reign in the 16th century.

➢ The Henry VIII clause is directly related to the concept of permissible delegation because it
involves the delegation of significant legislative powers to the executive branch or administrative
authorities. However, its use raises concerns about democratic accountability and the balance of
powers between the legislative and executive branches of government.

➢ From a legal perspective, the Henry VIII clause allows Parliament to delegate authority to
government ministers or other administrative bodies to make changes to primary legislation
through secondary legislation. This can include amending or repealing existing laws, even if
those laws were enacted by Parliament itself. While this mechanism can provide flexibility in
responding to changing circumstances or technical details, it also raises concerns about the
potential for executive overreach and the erosion of parliamentary sovereignty.

➢ Critics argue that the Henry VIII clause undermines democratic principles by allowing unelected
officials to amend or repeal laws without adequate parliamentary scrutiny. They raise concerns
about the lack of transparency, accountability, and public debate in the legislative process when
significant changes to laws can be made through delegated legislation.

➢ In summary, while the Henry VIII clause is a mechanism for permissible delegation, its use
highlights the tension between efficiency and accountability in the legislative process. Balancing
the need for administrative flexibility with democratic principles is essential to ensure that
delegated legislation respects constitutional safeguards and upholds the rule of law.

❖ Sub-Delegation

➢ Definition
When a statute confers some legislative powers on an executive authority and the latter further
delegates those powers to another subordinate authority or agency, it is called "sub-delegation".
➢ Illustration
An important illustration of sub-delegation is found in the Essential Commodities Act, 1955.
Section 3 of the Act empowers the Central Government to make rules. This can be said to be the
first stage or "parent" delegation. Under Section 5, the Central Government is empowered to
delegate powers to its officers, the State Governments and their officers. Usually under this
provision, powers are delegated to the State Governments. This can be said to be the second-
stage or "descendant" delegation (sub-delegation). When the power is further delegated by the
State Governments to their officers, it can be said to be the third-stage delegation (sub-sub-
delegation), Thus, under Section 3 of the Essential Commodities Act, 1955, the Sugar Control
Order, 1955 was made by the Central Government (first-stage delegation). Under the Order,
certain functions and powers were conferred on the Textile Commissioner (second-stage
delegation). Clause 10 empowered the Textile Commissioner to authorise an officer to exercise
on his behalf all or any of his functions and powers under the Order (third-stage delegation).

➢ Express Power
Where a statute itself authorises an administrative authority to sub delegate its powers, no
difficulty arises as to its validity since such sub-delegation is within the terms of statute itself.

➢ Implied Power
If there is no provision in the parent Act about sub-delegation of power by the delegate, the same
may be inferred by necessary implication. Griffith rightly states, "if the statute is so widely
phrased that two or more 'tiers' of sub-delegation are necessary to reduce it to specialised rules
on which action can be based, then it may be that the courts will imply the power to make the
necessary sub-delegated legislation”.

➢ Criticism
The practice of sub-delegation has been heavily criticised by jurists. It is well established that
the maxim delegatus non potest delegare (a delegate cannot further delegate) applies in the field
of delegated legislation also and sub-delegation of power is not permissible unless the said power
is conferred either expressly or by necessary implication.
Also, there are serious difficulties about publication of sub-delegated legislation. Such
legislation, not being an Act of legislature, there is no general statutory requirement of publicity.
"Though casually made by a minor official, sub-delegation creates a rule and sets up a standard
of a conduct for all to whom the rule applies. No individual can ignore the rule with impunity.
"But at the same time the general public must have access to the law and they should be given
an opportunity to know the law. Proper publication in case of such delegated and sub-delegated
legislation, is lacking.

❖ Judicial Control

➢ Delegated legislation does not fall beyond the scope of judicial review and in almost all
democratic countries, it is accepted that courts can decide the validity of delegated legislation.

➢ 13(3)(a)- includes entire subordinate Legislation.

 13(2)- State shall make no law which takes away the rights conferred by Part III of the
Constitution.

➢ D.L. maybe held invalid on the several grounds:

• Where parent Act is unconstitutional
For delegation to be valid, the first requirement is that the parent Act or enabling statute by
which legislative power is conferred on the executive authority must be valid and
constitutional. If the delegating statute itself is ultra vires the Constitution and is bad,
delegated legislation is necessarily bad.

• Where parent Act delegates essential legislative functions

It is a well-settled principle of administrative law that primary and es- sential legislative
functions must be performed by the legislature itself and they cannot be delegated to any other
organ of the State. To put it differently, under the scheme of our Constitution, a legislature
cannot create, constitute or establish a parallel legislature.

• Where delegated legislation is inconsistent with parent Act

The validity of delegated legislation can be challenged on the ground that it is ultra vires the
parent Act or enabling statute. It is an accepted principle that delegated authority must be
exercised strictly within the authority of law. Delegated legislation can be held valid only if
it conforms exactly to the power granted.

• Where delegated legislation is inconsistent with general law.

A subordinate legislation, apart from being intra vires the Constitution and consistent with
the parent Act, must also be in consonance with general law, i.e. any other law enacted by the
legislature. This is based on the principle that a subordinate or delegated legislation made by
the executive cannot be contrary to the law of the land.

• Where delegated legislation is unconstitutional

Sometimes a parent Act or delegating statute may be constitutional and valid and delegated
legislation may be consistent with the parent Act, yet the delegated legislation may be held
invalid on the ground that it contravenes the provisions of the Constitution.

• Where delegated legislation is arbitrary

A subordinate or delegated legislation should not be arbitrary.
In India, arbitrariness is not a separate ground for declaring a subordinate legislation ultra
vires or invalid. It comes within the embargo of Article 14 of the Constitution. Any enquiry
into the vires of delegated legislation must be confined to the grounds on which plenary
legislation may be questioned, i.e. whether the delegated legislation is offending Article 14
of the Constitution.

• Where delegated legislation is unreasonable

It is well-settled that the bye-laws made by corporations, boroughs and other local bodies may
be declared ultra vires on the ground of unreasonableness. This rule is based on a presumed
intention of the legislature that common law allows them to make only reasonable bye-laws.
 This is an implied limitation on the exercise of powers by such authorities, and, therefore, if
the power is not reasonably exercised, the action is bad in law.

• Where delegated legislation is mala fide.

Indian administrative law is based on the principle that every statutory power must be
exercised in good faith. Power to make delegated legislation cannot claim immunity from
judicial review if the power has been exercised by the rule-making authority mala fide or with
dishonest intention.

• Where delegate further delegates (sub-delegation)

For Sub-Delegation of Legislative Powers-The maxim "delegatus non potest delegare" (a
delegate cannot further delegate) applies to delegated legislation also and it is not possible for
the delegate to sub-delegate the power conferred on him unless the parent Act authorises him
to do so either expressly or by necessary implication.

For Sub-Delegation of Judicial Powers- In the words of Hidayatullah J,"it goes without saying
that judicial power cannot ordinarily be delegated unless the law expressly or by clear
implication permits it".

• Where delegated legislation excludes judicial review.

The rule of law has always recognised power of judiciary to review legislative and quasi-
legislative acts. The validity of a delegated legislation can be challenged in a court of law.

• Where delegated legislation operates retrospectively.

It is well-settled that delegated legislation cannot have any retrospective effect unless such a
power is conferred on the rule-making authority by the parent Act. The legislature can always
legislate prospectively as well as retrospectively subject to the provisions of the Constitution.
But the said rule will not apply to administrative authorities exercising delegated legislative
power.

❖ Parliamentary Control

➢ It is of course open to parliament to confer legislative power upon anyone it likes, but if
Parliament delegates legislative powers to any other authority, e.g. to the executive, it must also
ensure that those powers are properly exercised by the executive. The underlying object of
parliamentary control is to keep watch over the rule-making authorities and also, to provide an
opportunity to criticise them if there is abuse of power on their part. This mechanism is de-
scribed as "legislative veto".

➢ Position in India
• Initial Stage - The first stage occurs when Parliament passes an enabling Act. This Act
delegates authority to the executive branch to make rules, regulations, or bylaws within a
specified scope and subject to certain conditions. The enabling Act sets out the framework,
objectives, and limitations within which the delegated legislation can be made. It defines the
 extent of the powers granted to the executive and often includes provisions for parliamentary
scrutiny and control.

• Second Stage –

• Direct Control through laying- Direct control through laying refers to the parliamentary
mechanism by which delegated legislation is formally presented to Parliament for scrutiny
and approval. Once a government department or agency drafts delegated legislation within
the bounds set by an enabling Act, it is submitted or "laid" before Parliament.
Parliamentary committees, such as the Committee on Subordinate Legislation in the Lok
Sabha and the Committee on Subordinate Legislation in the Rajya Sabha in India, then
scrutinize the delegated instrument to ensure its compliance with the enabling Act,
alignment with parliamentary intent, and consideration of potential impacts. Following
committee review, the delegated legislation may undergo debate and discussion in
Parliament, allowing members to express views, propose amendments, and ultimately vote
for approval, amendment, or rejection. If Parliament finds the delegated legislation
inconsistent with the enabling Act or against the public interest, it retains the authority to
annul or disapprove it through a formal resolution. This process ensures transparency,
public participation, and parliamentary oversight, thereby upholding democratic principles
and the rule of law. It is of three types-
1) Simple Laying- Simple laying refers to the basic procedure of presenting delegated
legislation before Parliament for review and scrutiny. Under this process, the delegated
instrument is laid before Parliament without requiring explicit approval or disapproval.
Parliamentary committees may examine the legislation, but there is no formal requirement
for Parliament to take action. Simple laying provides a mechanism for transparency and
oversight, allowing Parliament to monitor delegated legislation without necessarily
intervening in its enactment.

2) Negative Laying: Negative laying involves the automatic enactment of delegated

legislation unless Parliament takes explicit action to reject it within a specified period.
Under this system, the delegated instrument comes into effect immediately upon being laid
before Parliament. However, if either House of Parliament passes a resolution of
disapproval within the stipulated timeframe, the legislation is nullified. Negative laying
places the burden on Parliament to actively object to delegated legislation if it finds it
objectionable, otherwise, it becomes law by default.

3) Affirmative Laying: Affirmative laying requires Parliament to actively approve

delegated legislation before it can come into effect. The delegated instrument is presented
to Parliament for review, and both Houses must pass a resolution affirming its enactment.
This process ensures that Parliament actively participates in the approval of delegated
legislation, providing a higher level of scrutiny and control over its content and
implementation. Affirmative laying is often used for more significant or controversial
delegated instruments, reflecting the legislature's desire for direct involvement in decision-
making.
Non- compliance with Laying provisions depends on whether provisions in enabling Act
are mandatory or Directory.
 • Indirect Control through Scrutiny Committees- Indirect control by Parliament through
scrutiny committees involves a process where Parliament delegates the task of reviewing
delegated legislation to specialized committees. These committees, such as the Committee
on Subordinate Legislation in the Lok Sabha and the Committee on Subordinate
Legislation in the Rajya Sabha in India, are composed of members of Parliament tasked
with scrutinizing delegated instruments on behalf of the legislature. The committees
examine the delegated legislation to ensure its alignment with the enabling Act,
parliamentary intent, and public interest. They have the authority to seek explanations from
the executive, recommend amendments, or suggest annulment if they find the delegated
legislation problematic. While Parliament retains the ultimate authority to accept or reject
the recommendations of the scrutiny committees, the committees' findings and
assessments carry significant weight in the legislative process. Indirect control through
scrutiny committees allows Parliament to exercise oversight over delegated legislation
efficiently, leveraging the expertise and dedication of committee members while ensuring
thorough examination and scrutiny of delegated instruments. The main functions of the
committees are:
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.

These Reports of Committees are significant to Govt. However, the recommendations of

the committee are just suggestive and not obligatory.

❖ The topics - Procedural Control and Constitutionality of D.L to be done from

PPT only.
(All the case laws from the PPT to be done too.)