Model Answer
0 min readIntroduction
Delegated legislation, also known as subsidiary legislation, is law made by a body other than the Parliament, under the authority of an Act of Parliament. This mechanism allows for flexibility and technical expertise in lawmaking, particularly in areas requiring frequent amendments. However, to prevent abuse of power and ensure accountability, judicial control is crucial. The principle of separation of powers dictates that while the legislature delegates power, the judiciary retains the power to review its exercise. This answer will explore the various modes through which Indian courts exercise this vital control over delegated legislation.
What is Delegated Legislation?
Delegated legislation is a statutory instrument passed by a body other than the primary legislative body (Parliament in India). It is enacted under powers granted by an Act of Parliament, enabling specialized bodies to create rules and regulations.
Modes of Judicial Control of Delegated Legislation
The Indian judiciary exercises control over delegated legislation through several mechanisms. These can be broadly categorized as follows:
1. Ultra Vires Doctrine
This is the most common ground for challenging delegated legislation. It implies that the delegated legislation is invalid if it exceeds the powers conferred by the parent Act. The courts examine:
- Substantive Ultra Vires: The rules go beyond the scope of powers granted in the Act. For instance, if an Act empowers a body to regulate trade, it cannot be used to confiscate property.
- Procedural Ultra Vires: The rules were made without following the procedure prescribed in the parent Act.
Example: In Maneka Gandhi v. Union of India (1978), the Supreme Court struck down a provision of the Passport Act for being ultra vires as it violated fundamental rights.
2. Violation of Natural Justice (Rule of Law)
Delegated legislation must be fair and transparent. The principle of natural justice, encompassing audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause), must be observed. Failure to provide an opportunity to be heard or a biased decision-maker can render the legislation invalid.
Case Study: Dr. S.P. Gupta v. President of India (1982) – The Supreme Court emphasized the importance of adhering to natural justice principles in delegated legislation, particularly when it impacts individual rights.
3. Reasoned Orders & Transparency
While not always explicitly mandated, courts increasingly expect delegated legislation to be accompanied by reasoned orders. Lack of transparency and arbitrary decision-making are grounds for judicial review. The principle of "speaking orders"* is increasingly being applied, requiring authorities to provide reasons for their decisions.
If delegated legislation infringes upon fundamental rights guaranteed under Part III of the Constitution, it can be challenged under Article 32 or Article 226. The courts will apply the doctrine of proportionality to assess the reasonableness of the restriction. This principle states that a body to which power is delegated cannot further delegate that power to another body unless expressly authorized to do so. Courts will scrutinize whether the original delegation was valid and whether any subsequent delegation was permissible. *Speaking orders are decisions that explain the reasoning behind the decision.4. Violation of Fundamental Rights
5. Delegatus Non Potest Delegare (Delegate Cannot Delegate)
Table: Comparison of Judicial Control Modes
Mode of Control
Description
Key Legal Principle
Example
Ultra Vires
Exceeding the powers granted by the parent Act.
Separation of Powers
Maneka Gandhi v. Union of India (1978)
Natural Justice
Failure to provide a fair hearing.
Audi Alteram Partem
Dr. S.P. Gupta v. President of India (1982)
Fundamental Rights Violation
Infringement of rights guaranteed by the Constitution.
Article 32 & 226
Any law restricting freedom of speech can be challenged
Conclusion
Judicial control of delegated legislation is vital for maintaining the rule of law and preventing arbitrary exercise of power. Through mechanisms like the ultra vires doctrine, adherence to natural justice principles, and scrutiny of fundamental rights violations, the judiciary ensures that delegated legislation remains within permissible boundaries. The evolving jurisprudence surrounding delegated legislation emphasizes transparency and reasoned decision-making, further strengthening the checks and balances inherent in a constitutional democracy. The judiciary’s role remains crucial in safeguarding individual liberties and upholding the principles of fairness and accountability in the legislative process.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.