Constitutional Validly Of Delegated Administration & Control Over

1. Constitutional Validity Of Delegated
Legislation &
Control Over Delegated Legislation
Naina Dilip Khetpal
SYLLB Roll No. 40

2. DELEGATED
LEGISLATION
• IT IS THE FUNCTION OF THE LEGISLATURE TO
LEGISLATE AND OF THE EXECUTIVE TO
ADMINISTER AND EXECUTE THE LAW MADE BY
THE LEGISLATURE.
• Justice Mukherjea observed that the words
delegated legislation cover "a multitude of
problems"

3. CONSTITUTIONALVALIDITY OF DELEGATED LEGISLATION
As to what Powers and Functions of the legislature can and cannot be delegated to
the executive
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4. CONSTITUTIONAL VALIDITY
OF DELEGATED LEGISLATION
Re. Delhi Laws Act, 1912 (AIR 1951 SC 332)
Facts:
• The 1st Case decided by the S.C on this point. The President of
India made a reference to the S.C which was heard by a Bench
of 7 Judges each of whom unfortunately wrote a separate
opinion. The Basic question raised before the court was the
validity of the Part C States (Laws) Act, 1950.
• This Act authorised the Central Govt. to extend any act in force
in Part A State to any Part C State with such modifications and
restrictions as it thought fit. While doing so the Central Govt.
could also repeal or amend any corresponding State Law which
was in force in that Part C State.
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Held:
• The majority of the Judges held that the provision was valid to a limited extent. It
was observed that the Act could not authorise the executive to repeal a law already
in force in a Part C State. Secondly, by exercising the power of modification, the
Central Govt. could not change the Legislative policy. Thus, in this landmark
decision, the S.C. put its stamp of approval over delegated legislation and at the
same time, it laid down its permissible limits.

5. HAMDARD DAWAKHANA V. UNION OF INDIA, AIR 1960 SC 554
• In 1960, the S.C struck down a provision in
the Drugs and Magical Remedies
(Objectionable Advertisements) Act, 1954, as
ultra vires. Sec. 3 of this Act lays down a list
of diseases for which advertisements are
prohibited and the Act gave power to the
Central Government to expand this list by
adding any other diseases in the list. This
delegation was held by the court to be invalid
as no principles, standards or criteria were
laid down in the Act for such additions. Such
a power was held to be uncontrolled and
unguided, and therefore, not valid.
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6. GROUNDSTO DETERMINE CONSTITUTIONALITY
• It was the case of Indian oil corporation
v. Municipal corporation, where the
court decided that any delegated
legislation should be consistent with the
parent act and therefore should not
violate any legislative policies of the
same.
• To be precise the court hinted in saying
that a delegate is not supposed to
possess more legislative power than that
of a delegate.
It is solely on the
legislature to determine
the permissible limit of
any administrative rule
making. The limit is to
be applied to any form
of delegated legislation.
• It was in Bihar State Govt. Secondary
School Teachers Assn. v. Ashok Kumar
Sinha, the court held that the decision
produced by the court cannot be
turned over by any administrative
authority by bringing a change in its
rules for it would directly amount to
contempt of court.
• This decision hinted that the court
would not leave any scope for the
establishment of excessive delegated
legislation.
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7. CONTROL OVER DELEGATED LEGISLATION
• The delegated legislation can be challenged in
India in the courts of law as being
unconstitutional.
• It can be controlled by the Judiciary on two
grounds
• The power of examining the delegated
legislation in India has been given to the
Supreme Court and the High Court and they play
an active role in controlling the delegated
legislation.
• No delegated legislation can survive clashing
with the provisions granting Fundamental
Rights.
• If any Acts violate the fundamental rights then
the rules, regulations, and by-laws framed
under it cannot survive.
• In India the judicial control over the delegated
legislation is based on the doctrine of ultra
vires. Also, there are various methods through
which judiciary exercises control over
delegated legislation.
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Substantial ultra vires
Procedural ultra vires

8. CONCLUSION
• In India, Parliamentary control overlaps the
delegated legislation then it is mandatory that the
committee of parliament need to be strong enough
and separate laws should be made and passed
which give a uniform rule for laying down and
publication purposes.
• A committee must contain a special body to look
on the delegated work whether it’s going in the
right direction and effectively or not.
• All the three organs should focus on their work and
do not interrupt unnecessarily to prevent chaos in
the system.
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9. THANKYOU!