Delegated Legislation Development and Parliamentary Control Introduction The issue of delegated legislation has been one of the most debated issues in the domain of legal theory because of its various implications.
The Acts of Parliament delegating legislative powers to other bodies or authorities often provide certain procedural requirements to be complied with by such authorities while making rules and regulations, etc.
The fact that procedural requirements have far reaching effects may be made clear by just one example. Suppose the Railway authorities want to relieve pressure of work of unloading goods during day time at a Station amidst a big and brisk business centre.
The public wants a reduction in the traffic jams due to heavy traffic because of unloading. The railway authorities make an order to this effect, without consulting interested bodies.
Such rule might cause many hardships, e. If safety measures are employed, that in addition to the element of a greater risk, expenses would increase, adversely affecting the margin of profits. If the words are specific and clearly indicate the bodies to be consulted, then it would be possible to show non-compliance.
If a piece of delegated legislation is found to be beyond Control over delegated legislation limits, court would declare it to be ultra vires and hence invalid. The administrative authorities exercising legislative power under the authority of an Act of the Parliament must do so in accordance with the terms and objects of such statutes.
The existence and extent of the powers of administrative authorities is to be affixed in the light of the provisions of the parent Act. However, the words used are precise and definite in meaning then such control is far more effective.
This, for example, under the Supplies and Services Extended Purpose Act, the Defense Regulations could be extended to the following purposes: Sometimes the Parliament empowers the administrative authorities to make rules and regulations for carrying out the provisions of a particular statute. Such provisions confer very wide powers upon the administration making it very difficult to find out the limits of the powers of the administrative authorities.
The result is that in such cases the doctrine of ultra vires loses much of its value. Allen, the result, at the present time, is that the doctrine of ultra vires is greatly attenuated and indeed, with regard to a very number of executive powers, it may be said to be completely paralysed. He has very rightly given three principal reasons for his ineffectiveness of the doctrine of ultra vires: The object or purposes of the enabling statute is so widely worded that almost everything is covered by it; 2.
According to him, in all these three cases the doctrine of ultra vires displaced to such an extent that it serves no useful purpose. Further, the departmental legislation cannot be set aside on the ground of unreasonableness.
Brighton Borough Council, 1 B. As regards the second point, i. They can only enquire whether the action is ultra vires. As regards bye-laws, different legal principles apply and the Courts exercise a reasonably effective control over this type of delegated legislation.
Bye-laws must be made in accordance with the procedural requirement and of course must be within the authority conferred upon the issuing authority.
They must not be contrary repugnant to the laws or Statutes of the realm. Further, they must not be repugnant to the parent Statute.Transcript of CONTROL OVER SUBSIDIARY LEGISLATION. JUDICIAL CONTROL Image by Tom Mooring The Parents Act which delegates the power is unconstitutional.
CONTROL OVER SUBSIDIARY LEGISLATION If the powers are not delegated, the legislature will unable to cope with all the details.
This paper attempts to analyze the various forms of parliamentary control over delegated legislation at both levels, first at the time of passing the enabling act and the second at the when the legislature scrutinizes the delegated legislation.
The parliamentary control over delegated legislation should be a living continuity as a constitutional remedy.
The fact that the delegation of legislative power has become too broad, by this fact, the judicial control has struck, giving way to desirability and necessity of parliamentary control. Hence parliamentary control over delegated legislation should be a living continuity as a constitutional remedy.
The fact is that due to the broad delegation of legislative powers and the. Judicial control over delegated legislature can be exercised at the following two levels: 1. Delegation may be challenged as unconstitutional; or 2.
That the Statutory power has been improperly exercised.
ADVERTISEMENTS: The delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary. The scope of permissible delegation is fairly wide. 1 Judical Control over Delegated Legislation By Prof (Dr) Mukund Sarda× The Indian Constitution has established a Welfare State1 which mandates that the State shall legislate on innumerable activities.