In a modern welfare State, the Legislature alone cannot make laws to meet every administrative, technical, and local requirement of governance. As a result, the Legislature often delegates its law-making power to the Executive or administrative authorities. This process is known as delegated legislation. While delegated legislation is essential for efficient administration, it also carries the risk of misuse, arbitrariness, and excessive exercise of power.
To prevent abuse and to ensure that delegated authorities act within legal limits, the judiciary exercises effective control over delegated legislation. Judicial control acts as a constitutional safeguard, ensuring that delegated legislation conforms to the Constitution, the parent statute, and principles of fairness and reasonableness. Indian courts, particularly the Supreme Court of India, have evolved well-defined principles to regulate delegated legislation through judicial review.
Meaning of Delegated Legislation
Delegated legislation refers to rules, regulations, by-laws, orders, notifications, and schemes made by the Executive or subordinate authorities under powers delegated by the Legislature through an enabling Act.
In simple terms, it is law made by the administration under authority granted by Parliament or State Legislatures.
Examples include:
- Rules framed by ministries
- Regulations made by statutory bodies
- Municipal by-laws
Although necessary, such law-making power is not unlimited.
Need for Judicial Control over Delegated Legislation
Judicial control is essential because:
- Delegated authorities are not democratically elected lawmakers
- There is risk of excessive delegation
- Fundamental rights may be violated
- Executive may act arbitrarily
Judicial review ensures that delegated legislation remains within constitutional and statutory boundaries.
Grounds of Judicial Control over Delegated Legislation
Indian courts exercise judicial control mainly on the following grounds:
Lack of Legislative Competence
If the Legislature itself lacks competence to enact a law under the Seventh Schedule, it cannot delegate such power.
Case Law:
In Chintaman Rao v. State of Madhya Pradesh, the Supreme Court struck down delegated legislation that exceeded legislative competence and imposed unreasonable restrictions.
Excessive Delegation
While delegation is permissible, essential legislative functions cannot be delegated. These include determination of legislative policy and standards.
Case Law:
In In re Delhi Laws Act (1951), the Supreme Court held that delegation is valid only when legislative policy is clearly laid down. Excessive delegation without guidelines is unconstitutional.
This case laid the foundation for judicial control over delegated legislation in India.
Ultra Vires the Constitution
Delegated legislation must comply with constitutional provisions, especially Fundamental Rights.
If it violates Articles 14, 19, or 21, courts will strike it down.
Case Law:
In State of Tamil Nadu v. P. Krishnamurthy, the Supreme Court held that delegated legislation can be challenged if it is unconstitutional or violates fundamental rights.
Ultra Vires the Parent Act
Delegated legislation must strictly conform to the scope, purpose, and limits of the enabling Act.
If it travels beyond the parent statute, it is invalid.
Case Law:
In General Officer Commanding-in-Chief v. Dr. Subhash Chandra Yadav, rules made beyond the authority of the Act were declared invalid.
Courts examine whether the delegate acted within the powers granted by the Legislature.
Violation of Principles of Natural Justice
Delegated legislation must follow procedural fairness where required.
If mandatory procedures like consultation, publication, or hearing are ignored, the legislation may be invalidated.
Case Law:
In A.K. Kraipak v. Union of India, the Supreme Court emphasized that administrative actions affecting rights must follow principles of natural justice, influencing delegated legislation as well.
Arbitrary, Unreasonable, or Mala Fide Exercise of Power
Delegated legislation should not be arbitrary, oppressive, or discriminatory.
Case Law:
In Indian Express Newspapers v. Union of India, the Supreme Court held that subordinate legislation is open to challenge on the ground of arbitrariness under Article 14.
This case firmly established that delegated legislation is not immune from judicial review.
Non-Compliance with Mandatory Procedural Requirements
When the parent Act prescribes certain procedures for making rules, failure to comply renders delegated legislation invalid.
Case Law:
In Jan Mohammad v. State of Gujarat, the Court invalidated rules that were not published as required by statute.
Limits of Judicial Control
While exercising judicial control, courts maintain judicial restraint and do not interfere with:
- Policy decisions
- Wisdom or necessity of legislation
- Technical or economic choices
Judicial review focuses on legality, not merits.
Role of Administrative Law in Judicial Control
Administrative Law provides the framework for:
- Judicial review
- Control of discretion
- Protection of individual rights
- Accountability of administration
Through doctrines like ultra vires, reasonableness, and proportionality, Administrative Law strengthens judicial control over delegated legislation.
Importance of Judicial Control over Delegated Legislation
Judicial control ensures:
- Supremacy of the Constitution
- Rule of law
- Protection of Fundamental Rights
- Prevention of executive arbitrariness
- Balance between efficiency and accountability
Without judicial oversight, delegated legislation could become a tool of unchecked executive power.
Present Legal Position in India
The present trend in India reflects:
- Acceptance of delegated legislation as necessary
- Rejection of excessive delegation
- Strong judicial review for constitutionality and legality
- Protection of citizens against arbitrary rules
Indian judiciary adopts a balanced approach, allowing administrative flexibility while enforcing constitutional discipline.
Mnemonic to Remember Judicial Control over Delegated Legislation
“C.E.U.P.A.M.”
C – Constitutional validity
E – Excessive delegation
U – Ultra vires parent Act
P – Procedural compliance
A – Arbitrariness test
M – Mala fide action
Or an easier one:
“J.U.D.G.E.”
J – Judicial review
U – Ultra vires control
D – Delegation limits
G – Guiding policy required
E – Equality and fairness
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