Model Answer
0 min readIntroduction
Delegated legislation, also known as subsidiary legislation, is a crucial aspect of modern governance, allowing primary legislation to be supplemented by rules and regulations made by bodies other than the Parliament or State Legislature. This practice streamlines law-making, enabling specialized bodies to address technical or complex issues efficiently. However, this delegation of power necessitates safeguards against abuse. When delegated legislation exceeds the authority granted by the parent Act, it is declared 'ultravires'. This answer will delve into the grounds for declaring delegated legislation as substantive ultravires, supported by key judicial pronouncements, illustrating the limitations on this vital power.
What is Delegated Legislation and Ultravires?
Delegated legislation is a mechanism where Parliament or a State Legislature empowers another body to create laws. This is done through a ‘parent act’ that outlines the scope and limits of the delegated power. 'Ultravires' is a Latin term meaning ‘beyond powers’. When delegated legislation goes beyond the scope defined in the parent act, it is deemed ultravires.
Grounds for Declaring Delegated Legislation Substantive Ultravires
Substantive ultravires refers to instances where the delegated legislation itself is flawed in its content, exceeding the powers delegated in the parent act. The grounds can be broadly categorized as follows:
1. Lack of Nexus with Parent Act (A.K. Govindarajulu v. State of A.P.)
The delegated legislation must have a direct and sufficient nexus with the subject matter of the parent act. It cannot be arbitrary or wholly unconnected. The landmark case of A.K. Govindarajulu v. State of A.P. (1970 AIR 1966, 1970 SCR (3) 687) established that if the regulation made is not reasonably connected to the object and purpose of the parent act, it is ultravires.
Example: A regulation concerning agricultural practices cannot be extended to cover the regulation of textile mills if there is no logical connection between the two.
2. Violation of Constitutional Provisions
Delegated legislation cannot violate fundamental rights guaranteed by the Constitution. If a regulation infringes upon an individual’s right to equality, freedom of speech, or any other fundamental right, it can be challenged on the ground of ultravires.
3. Absence of Enabling Power
The parent act must clearly authorize the body to make the delegated legislation. If the parent act is silent on a particular matter, the body cannot legislate on that matter, even if it appears to be related to the parent act's overall objective.
4. Conditions Precedent Not Met
Often, parent acts prescribe conditions precedent that must be satisfied before the delegated legislation can be made. Failure to satisfy these conditions, such as public consultation or expert review, can render the legislation ultravires.
5. Absence of Safeguards
Parent acts may impose safeguards on the exercise of delegated power. These safeguards might include limitations on the duration of the delegated power, requirements for parliamentary approval, or provisions for judicial review. Failure to adhere to these safeguards can be grounds for ultravires challenge.
Case Laws Illustrating Substantive Ultravires
Besides *A.K. Govindarajulu v. State of A.P.*, the following cases are important:
- S.D. Singla v. Union of India (1995 AIR 2486, 1995 SCR (1) 135): This case reiterated the principle of nexus and emphasized that delegated legislation must be closely related to the parent act. The Supreme Court struck down a regulation that was found to be too remote from the parent act’s purpose.
- Maneka Gandhi v. Union of India (1978 AIR 597, 1978 SCR (3) 597): While primarily concerning fundamental rights, this case highlighted how delegated legislation could be challenged if it violated constitutional guarantees.
Remedies for Ultravires Legislation
When delegated legislation is declared ultravires, the following remedies are available:
- Quashing: The court can declare the legislation void ab initio (from the beginning).
- Injunction: The court can restrain the authority from implementing the legislation.
- Declaratory Decree: The court can declare the legislation to be invalid.
Evolution of the Doctrine
Initially, courts were reluctant to interfere with delegated legislation, adopting a hands-off approach. However, the Supreme Court has progressively broadened its scope of judicial review to protect fundamental rights and ensure that delegated powers are not abused. The doctrine of Welfare State has also influenced the judiciary's approach, emphasizing the need for checks and balances on administrative power.
| Ground of Ultravires | Description | Relevant Case Law |
|---|---|---|
| Lack of Nexus | No reasonable connection to the parent act's purpose | A.K. Govindarajulu v. State of A.P. |
| Violation of Constitutional Rights | Infringement of fundamental rights | Maneka Gandhi v. Union of India |
| Absence of Enabling Power | Parent act doesn't authorize the legislation | N/A |
Conclusion
In conclusion, the doctrine of ultravires serves as a crucial check on the power of delegated legislation, safeguarding against arbitrary exercise of authority and ensuring adherence to the principles of legality and fairness. While delegated legislation is vital for efficient governance, its scope is circumscribed by the parent act and the Constitution. The judiciary plays a critical role in upholding these limitations, striking a balance between administrative expediency and the protection of fundamental rights. Continued vigilance and judicial scrutiny are essential to maintain the integrity of the delegated 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.