'Limited judicial control over delegated legislation can be exercised by the courts'. Discuss and cite leading case law, if any.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
'Limited judicial control over delegated legislation can be exercised by the courts'. Discuss and cite leading case law, if any.

Answer & Explanation:

Judicial control over delegated legislature can be exercised at the following two levels :- Delegation may be challenged as unconstitutional; that is the delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary or That the Statutory power has been improperly exercised. Limitations of delegated legislation set out under Article 13(3)(a) of the Constitution of India are as under :- Delegated Legislation should not infringe any provisions, basic structure (e.g Keshavananda Bharati, a famous case) or even the philosophy as described in The Preamble of the Constitution of India. Delegated Legislation should not infringe any fundamental right. Even the procedure must confirm such rights. Delegated Legislation should be within the limits laid down in the statue. The validity of the rules can be described at this stage in two ways :- They run counter to the provisions of the Act, and They have been made in excess of the authority delegated by the legislature. Here the substance of the Rules and Regulations impugned has to be looked into and not the procedural requirements of the rule-making that may be prescribed in the statue. Latter is looked into procedural ultra vires rule. High Court and Supreme Court have struck down defective Delegated Legislation Rules etc time and again.

Topics: Delegated Legislation

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