AL ASSIGNment

AL ASSIGNEMT 1 –
procedural control mechanism of delegated legislation
The Indian Constitution has set up a Welfare State which directs that the
state shall legislate a number of activities which will positively affect
human lives and promote ‘maximum happiness for maximum people’.
A delegated legislation or subordinate legislation in administrative law, is
the law made by an individual person or authority under the power vested
by the parliament. It permits the bodies under the primary
power/authority or legislature to bring up laws according to necessity.
Control of Delegated Legislation

There are three types of Control conferred under the Delegated
Legislation:
1. Parliamentary/Legislative Control.
2. Judicial Control.
3. Procedural and Executive Control.
Parliamentary Control Over Delegated Legislation:
This is up to Parliament to give anyone the powers that it possesses, just as
parliament transfers legislative powers to some other entity, e.g. executive, they
must ensure that such powers are duly exercised by the government and there is no
abuse of authority that the executive is provided with.
Judicial Control:
Judicial Control over delegated legislation plays an important role in the
field of Control mechanism. It means assessment by the Court of the legal
validity of a piece of delegated legislation. This can be done by the Court,
through –
1. Referring the Constitution, by applying the Doctrine of Ultra-vires.

2. Referring the other recognized principles of law.
It is the most effective method to keep the administration within legal
boundaries.
Procedural and Executive Control:

Procedural Control of delegated legislation means that under parent Act
certain guidelines are given which need to be followed by the authorities
while making the rules and laws.
The prescribed procedure of making laws, could be either made

mandatory to be complied with or directive in nature. To know this,
certain (four) specified parameters were given in the case Raza Buland
Sugar Co. vs. Rampur Municipal Council –
1. Scheme of the Act.
2. Intention of Legislature.
3. Language used for drafting purpose.

4. Inconvenience caused to the public at large scale.
If the procedure is mandatory to be followed, the made rules become

invalid on the ground of non-compliance with prescribed procedure.
However, if the procedure is just directive in nature, then non-compliance

would not render the rules invalid, since, there’s no definite procedure to
be followed for it, until the legislature mandates the executive to follow
certain rules or procedure.
So, while making the rules, one has to keep in mind whether the
procedure is mandatory or directory.
The procedural control mechanism operates in four components –
1. Drafting – Drafting of the delegated legislation is to be done by an

expert draftsman. Such draftsman must be in a position to advise
that whether the proposed rules & regulations are intra-vires or
ultra-vires.
2. Pre-publication – It is done through draft form and objections and
suggestions are welcomed before finalizing it.
3.Consultation with affected persons – Consultation with affected
person make administrative rule making a democratic process and
therefore increases its acceptability and affect.
In India, the provision for prior consultation made in enabling the Act can
be grouped into five categories –
1. Official consultation with named body.

2. Consultation with administrative boards.
3. Consultation with interested people.
4. Consultation with statutory board in charge of a particular subject.
5. Draft rules and affected interest.
4.Post-publication (Post-natal Publication) – It is based on the dictum
“Ignorance of law is no excuse”, and law should be made accessible
to everyone. Any specific law doesn’t exist in India, which prescribes
the mode of publication.
Unless the rule making authority lays down a particular date on which the
rules shall come into force, they generally come into force on the date of
publication.
There is no particular procedure for it until the legislature makes it mandatory for the
executive to follow certain rules or procedure. To follow a particular format it may
take a long time which will definitely defeat the actual objective of the act. Hence,
procedural control means that under Parent act certain guidelines are given which
need to be followed while whether it is mandatory or directory to follow it or not.
Following are the grounds on which judiciary can control/
review the delegated legislation which is as follows:
A. When the Parent Act is ultra vires the Constitution:
This is a situation where it is observed that if the Parent Act violates the
provisions of the Constitution, it is void and unconstitutional..
B. Delegated Legislation is Ultra vires the Parent Act:
The validity of delegated legislation can be questioned on the ground that it is

ultra vires of the Parent Act.
C. Mala fide (Bad Faith):
It is extremely difficult to prove mala fide before the Court.
D. Excessive Delegation:
In India, only in few cases, delegation of law making power is struck down by
the Courts on the ground of excessive delegation.
E. Sub- delegation:
A general and a basic rule from the law of agency is that a delegate cannot
re- delegate its authority, but in certain cases it is not applied to the countries
who have written constitution.
F. Non-compliance of Court�s order:
If it has been observed that the government tries to escape and avid the
direction given by the Supreme Court, then the Court has the power to struck
down that particular act.
G. Non-application of Mind:
Delegated legislation can also be struck down by the judiciary if it is observed

that the delegatee has not made an application of their mind in delegating the
powers to the relevant facts and situations while taking the decisions.
Therefore, from the above explanation one would clearly understand the kinds of
control mechanism over delegated legislation and with deep analysis of Judicial
Control over delegated legislation.
AL ASSIGNMENT 2
Need for devolution of adjudicatory authority on

Administration.
The judiciary of the State could not put in place a mechanism for speedy
adjudication, moreover, there was a backlog of cases. Adjudicatory authority
was hence devolved upon the administration to resolve the issue. However, it
is not an absolute substitute of the judiciary.
In view of the rapid growth and expansion of industry, trade and commerce, ordinary law
courts are not in a position to cope up with the work-load. Ordinary judges, brought up in the
traditions of law and jurisprudence, are not capable enough to understand technical problems,
which crop up in the wake of modern complex economic and social processes. A good
number of situations are such that they require quick and firm action. Otherwise the interests
of-the people may be jeopardized. According to Servai, 'the development of administrative
law in a welfare state has made administrative tribunals a necessity'. Hence, a number of
administrative tribunals have been established in the country, which can do the work more
rapidly, more cheaply and more efficiently than the ordinary courts.
Modern public administration has taken a leaf not only from the legislature’s
book but also from that of the judiciary. Administrative Adjudication is the
latest addition to the administrative techniques.
Administrative Adjudication means the determination of questions of a
judicial or quasi-judicial nature by an administrative department or agency.
Like a regular court, administrative bodies hear the parties, sift evidence,
and pronounce a decision in cases where legal rights or duties are
involved.
Administrative adjudication – Tribunals.
Tribunals are made for quick and cheap adjudication of disputes and
settlement of complaints. The bench comprises of both judicial and non-
judicial members. Tribunals are not a substitute for Courts. In India, there
are a number of tribunals which are constituted under the Central Acts.
Some of the Tribunals are listed below.
1. Administrative Tribunal- constituted under the Administrative Tribunal

Act, 1985.
2. Industrial Tribunal- constituted under the Industrial Dispute Act, 1947.
3. Railway Rates Tribunal- constituted under the Railway Act, 1989.
4. Claim Tribunal- constituted under the Motor Vehicle Act, 1939.
5. Income Tax Appellate Tribunal- constituted under Income Tax Act,

1961.
6. National Green Tribunal- constituted under National Green Tribunal Act,

2010.
7. Competition Appellate Tribunal- constituted under the Competition Act,

2002.
In L. Chandra Kumar v Union of India, the Supreme Court held that
tribunals are the court of the first instance in respect of the areas of law
for which they were constituted. All the decisions of the Tribunals are,
however, subject to scrutiny before the Division Bench of the High Court
within whose jurisdiction the concerned tribunal would fall, through an
appeal.
Rule of law and administrative law.
The concept of ‘rule of law’ is that the State should be governed by the
meaning of law and not by men. Administrative laws ensures that ‘rule of
law’ prevails despite the presence of discretionary powers vested in the
administrators. Administrative law is developed to restrict the arbitrary
exercise of powers by subordinating it to well-defined law.
Separation of Powers and its relevance.
‘Separation of power’ is the basics on which the State machinery works.

However, with the increase in administrative powers, it is seen that the
doctrine cannot be used with rigidity. All the organs of the State are
interdependent for smooth functioning, thus, the doctrine of separation of
power cannot be exercised by placing the organs of the State in airtight
compartments. There has to be a flexible and easy approach while
ensuring that no organ encroaches upon the functions of another.
The relationship between Constitutional law and Administrative

law.
As each and every law of the State must satisfy the Constitutional
requirements, it is essential to know the relationship between the
Constitutional law and the Administrative law of the State. Constitutional
law is the genus and administrative law its species, hence the judge-made
law must comply with the constitutional provisions.
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AL ASSIGNEMT 1 –

procedural control mechanism of delegated legislation

Control of Delegated Legislation

1. Referring the Constitution, by applying the Doctrine of Ultra-vires.

Procedural and Executive Control:

The prescribed procedure of making laws, could be either made

3. Language used for drafting purpose.

If the procedure is mandatory to be followed, the made rules become

However, if the procedure is just directive in nature, then non-compliance

The procedural control mechanism operates in four components –

1. Drafting – Drafting of the delegated legislation is to be done by an

1. Official consultation with named body.

The validity of delegated legislation can be questioned on the ground that it is

C. Mala fide (Bad Faith):

It is extremely difficult to prove mala fide before the Court.

F. Non-compliance of Court�s order:

Delegated legislation can also be struck down by the judiciary if it is observed

Need for devolution of adjudicatory authority on

Administrative adjudication – Tribunals.

1. Administrative Tribunal- constituted under the Administrative Tribunal

2. Industrial Tribunal- constituted under the Industrial Dispute Act, 1947.

3. Railway Rates Tribunal- constituted under the Railway Act, 1989.

4. Claim Tribunal- constituted under the Motor Vehicle Act, 1939.

5. Income Tax Appellate Tribunal- constituted under Income Tax Act,

6. National Green Tribunal- constituted under National Green Tribunal Act,

7. Competition Appellate Tribunal- constituted under the Competition Act,

Rule of law and administrative law.

Separation of Powers and its relevance.

‘Separation of power’ is the basics on which the State machinery works.

The relationship between Constitutional law and Administrative

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