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Factors and Types of Delegated Legislation

The document discusses the concept of delegated legislation, outlining factors that necessitate its use, such as the complexity of governance and the need for flexibility. It also explains administrative powers, their kinds, and the judicial control over delegated legislation, particularly focusing on substantive ultra vires. Key judicial interpretations and significant cases illustrate the balance between legislative authority and executive action in India.

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0% found this document useful (0 votes)
12 views16 pages

Factors and Types of Delegated Legislation

The document discusses the concept of delegated legislation, outlining factors that necessitate its use, such as the complexity of governance and the need for flexibility. It also explains administrative powers, their kinds, and the judicial control over delegated legislation, particularly focusing on substantive ultra vires. Key judicial interpretations and significant cases illustrate the balance between legislative authority and executive action in India.

Uploaded by

alishagarg591
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

MODULE 2 QUESTIONS AND ANSWERS

1. Comment on the factors leading to delegated legislation (10)


Ans: Delegated legislation refers to the process where the legislature (Parliament or State
Legislature) delegates its law-making power to the executive or subordinate authorities. This
process is essential in modern governance because it allows the government to manage
complex and technical issues efficiently. Several factors contribute to the increasing use of
delegated legislation, particularly in India. Below is an expanded explanation of these factors,
presented in simple language for clarity:

1. Increasing Complexity of Governance


 Modern governance involves a wide range of issues such as health, technology,
environment, and education, which are too intricate for Parliament to address in
detail.
 Delegated legislation allows experts in these fields to draft detailed rules and
regulations.
 Example: Environmental laws require scientific expertise. Under the Environment
Protection Act, 1986, specific rules about pollution control and hazardous waste
management are framed by technical bodies.

2. Need for Flexibility in Law-Making


 Parliamentary law-making is rigid and time-consuming. However, societal needs
change rapidly due to technological advances, emergencies, and other developments.
 Delegated legislation ensures laws remain adaptable and can be updated quickly
without requiring a full parliamentary process.
 Example: The Customs Act, 1962, allows the government to modify import duties to
respond to economic changes.

3. Limited Time and Resources of the Legislature


 Legislatures have limited time to deliberate on every aspect of governance. Delegated
legislation distributes the workload, focusing Parliament’s time on broader policy-
making.
 Administrative bodies draft detailed rules based on these policies.
 Example: The Factories Act, 1948, lays down principles for worker safety but leaves
it to the state governments to draft specific safety protocols.
4. Requirement for Technical Expertise
 Certain areas of law demand specialized knowledge that the legislature may not
possess. Delegating rule-making to experts ensures laws are effective and practical.
 Example: The Securities and Exchange Board of India (SEBI) formulates rules for
stock markets based on financial expertise under the SEBI Act, 1992.

5. Speedy Law-Making
 Emergencies require swift action, which parliamentary procedures cannot always
accommodate. Delegated legislation allows the executive to act quickly and issue
rules or orders.
 Example: During the COVID-19 pandemic, health guidelines were issued rapidly
under the Epidemic Diseases Act, 1897.

6. Addressing Regional and Local Needs


 India’s diversity in language, culture, and geography requires laws tailored to specific
regions. Delegated legislation empowers state and local authorities to create rules that
cater to these unique needs.
 Example: State governments frame traffic rules under the Motor Vehicles Act, 1988,
to suit local conditions.

7. Reducing Legislative Overcrowding


 Modern states require numerous laws to manage their functions. Delegated legislation
prevents legislative "overcrowding," where Parliament would be burdened with too
many detailed discussions.
 Example: Under the Industrial Disputes Act, 1947, procedural rules for resolving
labor disputes are left to delegated authorities.

8. Experimentation with New Policies


 Delegated legislation allows governments to test policies on a smaller scale before
fully implementing them. This process enables modifications based on feedback and
outcomes.
 Example: Pilot projects for digital taxation or environmental compliance are often
introduced through delegated legislation.
9. Parliamentary Oversight
 Delegated legislation does not mean the legislature loses control. Mechanisms like
laying procedures (where rules are presented before Parliament for approval) and
parliamentary committees ensure accountability.
 Example: Rules framed under the Right to Information Act, 2005, are subject to
parliamentary scrutiny to maintain transparency.

10. Handling Emergencies


 Emergencies such as natural disasters, wars, or pandemics often require immediate
regulatory action. Delegated legislation allows the executive to act decisively during
such times.
 Example: During food shortages, the government issues orders under the Essential
Commodities Act, 1955, to control hoarding and price inflation.

Judicial Support for Delegated Legislation


The judiciary has upheld the validity of delegated legislation as long as it adheres to the
Constitution and does not involve "excessive delegation" of legislative power. In the case of
In re Delhi Laws Act (1951), the Supreme Court clarified that while Parliament can delegate
certain functions, essential legislative powers must remain with it.

Conclusion
Delegated legislation is vital for modern governance, allowing laws to remain flexible,
detailed, and adaptive to societal needs. However, it must be balanced with proper checks and
safeguards to prevent misuse of power. Mechanisms like legislative control, judicial review,
and public accountability ensure that delegated legislation serves the public effectively while
adhering to constitutional principles.

2. Explain the term Administrative Powers and also state its kinds with the help of
judicial interpretations.(10)
Administrative Powers: Meaning and Kinds
Administrative powers refer to the authority and functions exercised by administrative
agencies, public officials, or government bodies to implement laws, make decisions, and
carry out public policies. These powers enable the government to perform its essential duties
and manage public administration efficiently. Administrative powers are distinct from
legislative and judicial powers and often include rule-making, adjudication, and execution of
public duties.
The scope of administrative powers has significantly expanded with the rise of the welfare
state, requiring greater government intervention in social and economic matters.

Definition and Nature of Administrative Powers


Administrative powers are conferred by statutes to implement the objectives of legislation.
They involve:
1. Discretionary Powers: Decisions based on the judgment of administrative
authorities, subject to legal constraints.
2. Rule-Making Powers: Creation of subordinate legislation or regulations.
3. Adjudicatory Powers: Resolving disputes or issuing decisions in specific cases.
4. Enforcement Powers: Ensuring compliance with laws and rules.
Judicial Interpretation:
 In A. K. Kraipak v. Union of India (1969), the Supreme Court emphasized that
administrative powers must adhere to principles of natural justice to prevent
arbitrariness.
 In Union of India v. Cynamide India Ltd. (1987), the Court distinguished between
legislative and administrative functions, stating that administrative actions involve
applying laws to specific situations.

Kinds of Administrative Powers


Administrative powers can be classified into the following categories based on their nature
and function:
1. Quasi-Legislative Powers
 Administrative agencies often create subordinate legislation, such as rules,
regulations, and bye-laws, under delegated authority.
 These powers help fill in the details of statutes passed by the legislature.
 Judicial Interpretation:
o In Delhi Laws Act Case (1951), the Supreme Court upheld the delegation of
legislative power to administrative bodies while emphasizing the doctrine of
excessive delegation.
o The Court in M. C. Mehta v. Union of India (1987) highlighted the need for
administrative rules to align with the parent statute.
2. Quasi-Judicial Powers
 These powers involve adjudicating disputes, holding inquiries, and making binding
decisions, similar to judicial functions.
 Administrative tribunals and authorities exercise quasi-judicial powers.
 Judicial Interpretation:
o In Ridge v. Baldwin (1964) (UK case), the court emphasized procedural
fairness in quasi-judicial decisions.
o The Indian Supreme Court in Maneka Gandhi v. Union of India (1978)
extended the requirement of natural justice to administrative decisions
affecting individual rights.
3. Purely Administrative Powers
 These are powers related to the routine execution of laws, such as issuing licenses,
collecting taxes, or maintaining law and order.
 They involve minimal discretion and follow procedural guidelines.
 Judicial Interpretation:
o In State of Rajasthan v. Union of India (1977), the Court observed that
administrative actions must not be arbitrary and must adhere to the rule of law.
4. Ministerial Powers
 These involve performing duties mandated by law without exercising discretion. For
example, issuing a certificate upon meeting predefined criteria.
 Judicial Interpretation:
o In Narayan Govind Gavate v. State of Maharashtra (1977), the Court
distinguished ministerial acts from discretionary acts, underscoring the need
for strict adherence to legal provisions.
5. Discretionary Powers
 Administrative authorities use discretion to make decisions within the bounds of the
law. These powers are subject to judicial review to prevent misuse.
 Judicial Interpretation:
o In R. v. Port of London Authority, ex parte Kynoch Ltd. (1919), it was held
that discretionary powers must be exercised reasonably.
o In Indian Oil Corporation v. Municipal Corporation (1995), the Court
reiterated that discretion should align with statutory purposes.
6. Emergency Powers
 These are extraordinary powers exercised during emergencies to ensure public safety
and order, such as imposing curfews or requisitioning property.
 Judicial Interpretation:
o In ADM Jabalpur v. Shivkant Shukla (1976), the Court controversially
upheld the suspension of fundamental rights during an emergency, later
critiqued for undermining rule of law principles.

3. Comment in brief on substantive law ultra vires and judicial control on delegated
legislation on the ground of substantive ultra vires in India. (10)
Substantive Ultra Vires and Judicial Control of Delegated Legislation in India
Delegated legislation is a process where the legislature delegates its law-making powers to
subordinate authorities, such as the executive, for administrative efficiency. However, this
delegation is not absolute and is subject to judicial review to ensure that it remains within the
bounds of legality and does not violate constitutional or statutory provisions. One key ground
for such judicial review is substantive ultra vires.

Substantive Ultra Vires: Meaning and Concept


The term "substantive ultra vires" refers to situations where delegated legislation exceeds the
scope or authority granted by the parent statute. In simpler terms, when the rules, regulations,
or orders issued by a subordinate authority go beyond what is permitted by the enabling Act,
such delegated legislation can be declared void.
For instance:
 If a regulation imposes a tax without express authorization in the parent statute, it
would be substantively ultra vires.
 If the delegated legislation contravenes constitutional provisions, such as fundamental
rights, it can also be struck down.
Judicial Interpretation
Indian courts have consistently held that the powers delegated to subordinate authorities must
be exercised strictly within the boundaries set by the parent legislation. Any substantive
violation of these boundaries renders the delegated legislation invalid.

Judicial Control on the Ground of Substantive Ultra Vires


Indian judiciary plays a crucial role in scrutinizing delegated legislation. Courts can strike
down such legislation if it is substantively ultra vires on the following grounds:
1. Exceeding Authority of the Parent Statute
 Delegated legislation must strictly conform to the scope and objectives outlined in the
parent statute.
 In Chintaman Rao v. State of Madhya Pradesh (1950), the Supreme Court held that
rules or regulations inconsistent with the enabling Act are ultra vires and invalid.
2. Contravening Fundamental Rights
 Delegated legislation must comply with constitutional provisions, including
fundamental rights under Part III.
 In Bidi Supply Co. v. Union of India (1956), the Supreme Court struck down a rule
that was found to violate Article 19(1)(g), which guarantees the right to trade and
profession.
3. Imposition of Tax Without Authority
 Taxation is a legislative function and cannot be delegated unless explicitly authorized
by the parent Act.
 In Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills
(1968), the court invalidated a tax imposed through delegated legislation as it lacked
statutory authorization.
4. Violating the Doctrine of Separation of Powers
 If delegated legislation involves essential legislative functions, such as policy-making,
it is considered ultra vires.
 This principle was upheld in the Delhi Laws Act Case (1951), where the Supreme
Court emphasized that essential legislative functions cannot be delegated.

Tests for Substantive Ultra Vires


Courts apply the following tests to determine whether delegated legislation is substantively
ultra vires:
1. Consistency with Parent Act: Does the delegated legislation align with the
objectives and scope of the parent statute?
2. Reasonableness: Is the legislation fair and not arbitrary?
3. Constitutionality: Does it comply with the constitutional framework, including
fundamental rights?
4. Proportionality: Is the delegated legislation proportionate to the purpose it seeks to
achieve?

Examples of Judicial Control


State of Kerala v. Kunjali Gounder (1961)
 A rule imposing restrictions on the sale of agricultural produce was struck down as
ultra vires the parent statute, which did not authorize such restrictions.
Air India v. Nergesh Meerza (1981)
 A regulation allowing discriminatory service conditions for female employees was
held unconstitutional and substantively ultra vires.
Indian Express Newspapers v. Union of India (1985)
 The Supreme Court emphasized that rules and notifications must conform to the
parent statute and cannot override legislative intent.

Significance of Judicial Control


1. Protection of Constitutional Rights: Judicial scrutiny ensures that delegated
legislation does not infringe upon fundamental rights or violate the constitutional
framework.
2. Maintaining Legislative Supremacy: By invalidating ultra vires regulations, courts
ensure that subordinate authorities do not overstep their boundaries, maintaining the
supremacy of the legislature.
3. Accountability and Transparency: Judicial control acts as a check against arbitrary
or excessive use of delegated powers, promoting accountability.

Conclusion
Judicial control over delegated legislation on the ground of substantive ultra vires is a critical
mechanism to ensure legality, fairness, and adherence to constitutional principles. Through
robust judicial oversight, Indian courts safeguard the balance of power between the
legislature and executive, protecting individual rights and maintaining the rule of law.

4. Gwaliyor Royan Co. v. Asst. Commissioner of Sales Tax AIR 1974 SC 1660- Critically
analyse the concept of Delegated Legislation.
Facts of the Case
The Madhya Pradesh General Sales Tax Act, 1958, was enacted to regulate the collection
of sales tax in the state. Under this Act, the executive (tax authorities) was empowered to
frame rules for the administration and enforcement of the law. Gwalior Rayon Silk
Manufacturing Co., a taxpayer, challenged certain provisions of the rules framed under the
Act. They argued that:
 The rules went beyond the scope of the powers delegated to the executive.
 Such delegation amounted to excessive delegation, violating the Constitution.
The key issue before the court was whether the rules framed by the executive under the
delegated powers were constitutional or whether they overstepped the boundaries set by the
parent legislation.

Key Legal Issues


1. Excessive Delegation: Whether the delegation of powers to the executive to frame
rules under the Act amounted to abdication of essential legislative functions.
2. Judicial Review of Delegated Legislation: Whether the rules under the Sales Tax
Act were within the scope of the parent Act or violated the doctrine of ultra vires.

Court’s Decision
The Supreme Court upheld the validity of the rules and clarified the following principles:
1. Doctrine of Excessive Delegation:
o The Court held that while the legislature can delegate powers to the executive,
such delegation must be confined to ancillary or subordinate matters. The
legislature cannot delegate its essential law-making powers, such as setting
policy or defining rights and obligations.
o In this case, the parent Act clearly laid down the framework and policy for the
levy of sales tax. The rules framed by the executive only filled in the details
required for effective implementation. Hence, the delegation was within
permissible limits.
2. Framework and Policy Test:
o The Court noted that the Act provided adequate guidance and limitations for
the executive to exercise its rule-making power. Therefore, the rules did not
constitute an uncontrolled or arbitrary exercise of power.
3. Judicial Oversight:
o The Court emphasized that the judiciary has the power to review whether the
rules framed under delegated legislation stay within the scope of the parent
Act. If the rules exceed this scope, they can be struck down as ultra vires.

Significance of the Judgment


 Upholding Delegation: The judgment reinforced that delegated legislation is valid as
long as it remains within the framework set by the parent Act. It highlighted the
necessity of delegated legislation in modern governance due to the increasing
complexity of administrative tasks.
 Judicial Safeguards: It established that courts could act as a safeguard against
arbitrary or excessive delegation by ensuring that the executive does not misuse its
powers.

Critical Observations
1. Balance of Powers: The Court struck a balance between enabling administrative
flexibility and safeguarding legislative authority. It clarified that the legislature must
retain core functions and leave only procedural or ancillary matters to the executive.
2. Risks of Delegated Legislation: While the Court upheld the validity of the rules in
this case, critics argue that vague or broad delegations of power could lead to potential
misuse by the executive. This judgment reiterated the importance of detailed
guidelines in parent legislation.
3. Judicial Vigilance: The decision highlighted the judiciary's critical role in reviewing
delegated legislation. However, the Court maintained a restrained approach, focusing
on whether the rules were within the statutory framework rather than delving into
their policy implications.

Conclusion
The Gwalior Rayon case is a cornerstone in Indian administrative law, illustrating the
principles of delegated legislation and judicial review. It upheld the necessity and
constitutionality of delegated legislation while emphasizing the importance of legislative
guidance and judicial checks. The case serves as a benchmark for determining the limits of
delegated legislative power and the judiciary's role in maintaining the constitutional balance.

5. Discuss Excessive Delegation with special emphasis on skeletal legislation and power
of exclusion and inclusion (10/)
Introduction
In administrative law, delegated legislation refers to the process by which the legislature
grants powers to the executive or other subordinate bodies to make laws, rules, and
regulations within the framework set by primary legislation. This is done to ensure the
effective implementation of laws and to address technical or rapidly changing issues that the
legislature might not have the capacity to regulate directly. However, when the delegation of
legislative powers goes too far, it can result in excessive delegation, which raises serious
constitutional concerns. Excessive delegation occurs when the legislature abdicates its
legislative function entirely or to such an extent that it violates the principle of separation of
powers or undermines the accountability of the lawmaking process.
The judicial response to excessive delegation is aimed at ensuring that delegated legislation
does not exceed the boundaries set by the parent statute. Courts, particularly in India, have
developed certain tests and limitations to strike down laws that involve excessive delegation.
Excessive Delegation: Definition and Principles
Excessive delegation occurs when:
1. The legislature delegates its lawmaking authority to such an extent that it effectively
abdicates its responsibility.
2. The delegation grants discretion to an authority without adequate guidelines or
controls.
3. The power delegated is so vague or broad that it leads to uncertainty and arbitrary
exercise of power.
The doctrine of excessive delegation protects the constitutional balance by ensuring that the
essential legislative functions are not transferred to the executive or any other subordinate
body. The legislature must set the framework and general principles, while detailed
provisions can be left to administrative authorities. This ensures that the legislature retains its
fundamental role in lawmaking, while allowing for specialized agencies to handle specific,
technical issues.
Skeletal Legislation: A Major Form of Excessive Delegation
One of the most common forms of excessive delegation is skeletal legislation. This occurs
when the legislature enacts a law that provides only the broad framework or skeleton of the
law, leaving the rest of the details to be filled in by the executive or a subordinate body.
 Definition: Skeletal legislation refers to a law that lacks sufficient details and leaves a
significant amount of discretion to the executive to frame the details through rules or
regulations. The legislation provides only the broad principles or objectives, but the
administrative authorities are left to complete the provisions as they see fit.
 Issues with Skeletal Legislation:
1. It allows the executive too much power in defining the substance of the law,
which can lead to an overreach of authority.
2. It dilutes the accountability of the legislature, as they are not directly
involved in making the finer provisions of the law.
3. It can result in arbitrary decision-making by the executive, as the broad and
general terms of the skeletal law provide little guidance or control.
o Case Law: In M. S. M. Sharma v. Sri Krishna Sinha (1959), the Supreme
Court of India emphasized that any law that lacks sufficient guidance and
leaves too much room for discretion would be considered excessively
delegated and could be struck down as unconstitutional.
 Example: A classic example of skeletal legislation is found in the Factories Act,
1948. The Act sets broad guidelines regarding safety, health, and welfare of workers
in factories, but leaves much of the specific implementation details to rules framed by
the state governments. While this delegation was considered necessary for the
practical functioning of the Act, it also raised concerns over excessive delegation
because it allowed a great deal of discretion to the state authorities in framing the
rules.
Power of Exclusion and Inclusion
Another important aspect of excessive delegation is the power of exclusion and inclusion.
When the legislature delegates power to administrative authorities, it is not uncommon for the
delegated authority to be empowered to include or exclude certain matters from the
application of a law. While some discretion is allowed, the scope and extent of such powers
must be carefully regulated to prevent arbitrary use.
 Inclusion Power: This refers to the authority of a delegate to include certain classes
of people, goods, services, or situations within the purview of the law. For example, a
parent statute might grant powers to a regulatory body to include specific industries
under its regulatory framework.
 Exclusion Power: Similarly, the exclusion power allows the delegated authority to
exclude certain items or persons from the operation of the law. For example, a statute
might permit a body to exclude certain exempt categories from a tax or regulatory
obligation.
 Issue of Excessive Delegation: The power to include or exclude can lead to excessive
delegation if it is exercised without proper limits or oversight. If the criteria for
exclusion or inclusion are vague or left open-ended, it can result in arbitrary actions or
decisions that undermine the principles of fairness and justice.
 Case Law: In Delhi Laws Act, 1912 (1951), the Supreme Court of India held that a
law that grants excessive discretion to authorities to include or exclude individuals
from the operation of a law could lead to arbitrary power. The Court struck down
certain provisions of the Act that allowed broad and undefined powers to exclude
individuals from the law's operation.
Preventing Excessive Delegation: Control Mechanisms
1. Legislative Control: The parent legislation must lay down clear guidelines for
delegated authorities. The legislation should provide the framework and the purpose
behind the delegation of powers, ensuring that the delegated authority only fills in the
details within the confines of the stated objectives.
o Laying Procedure: The legislation must provide for procedures to scrutinize
delegated legislation, such as a laying procedure, where rules made by the
executive must be placed before the legislature for review.
o Parliamentary Committees: Committees such as the Joint Parliamentary
Committee or Departmentally Related Standing Committees play a crucial
role in scrutinizing delegated legislation and ensuring it does not exceed the
powers granted by the parent law.
2. Judicial Control: Courts in India, through judicial review, ensure that the delegation
of legislative powers is not excessive. If the delegation is found to be too vague or
uncontrolled, courts may strike down such legislation.
o Substantive Ultra Vires: Courts review whether the delegated authority has
acted within the bounds set by the parent statute. If the authority exceeds its
powers, its actions may be declared ultra vires (beyond powers).
o Procedural Ultra Vires: Courts also scrutinize whether the procedure
followed by the delegated authority was consistent with the statutory
requirements.
Conclusion
Excessive delegation poses a serious threat to the balance of powers between the legislature,
executive, and judiciary. While delegated legislation is necessary for the smooth functioning
of governance, it must be done within clearly defined parameters. The principles of skeletal
legislation and the power of inclusion and exclusion must be carefully regulated to prevent
arbitrary exercise of power. The judiciary plays an important role in controlling excessive
delegation through the doctrines of substantive ultra vires and procedural ultra vires,
ensuring that delegated powers are used within constitutional limits.
In a democratic system, where accountability and transparency are essential, the legislature
must ensure that it retains its core responsibility in lawmaking, while delegated authorities are
provided with enough scope to effectively implement laws without overstepping their
bounds.

6. What are scrutiny committees of Parliament on subordinate legislations? Explain in


brief their role and function. (10)
Scrutiny Committees of Parliament on Subordinate Legislation
Subordinate legislation (delegated legislation) allows the executive to make rules,
regulations, and by-laws under the authority given by Parliament. In India, these rules must
be checked to ensure they follow the parent law and do not overstep their boundaries. The
Committees on Subordinate Legislation, one for the Lok Sabha and one for the Rajya
Sabha, are responsible for reviewing these laws and ensuring they are fair, legal, and within
constitutional limits.
What Are the Committees?
1. Lok Sabha Committee on Subordinate Legislation:
o Formed under Rule 317 of the Rules of Procedure of the Lok Sabha.

o Consists of 15 members elected annually by the Lok Sabha.

2. Rajya Sabha Committee on Subordinate Legislation:


o Formed under Rule 204 of the Rules of Procedure of the Rajya Sabha.

o Has 15 members nominated by the Rajya Sabha Chairman.

Functions of the Committees


1. Check the Validity of Rules:
o The committees ensure that rules and regulations follow the powers given by
the parent law.
o For example, if a law allows the government to regulate traffic, the rules made
cannot create unrelated provisions like levying unrelated taxes.
2. Ensure Consistency with the Constitution:
o Rules must not violate fundamental rights or other constitutional provisions.

3. Review Procedural Compliance:


o Ensure that proper procedures, like consulting affected people or publishing
rules publicly, are followed.
4. Laying Before Parliament:
o Verify whether the delegated legislation was presented before Parliament for
scrutiny, as required by the laying procedure.
5. Safeguard Public Interest:
o Ensure that rules are fair, do not impose unnecessary burdens, and serve the
larger public interest.

Why Are These Committees Important?


1. Accountability:
o They keep a check on the executive branch, ensuring it doesn’t misuse its
power to make rules.
2. Prevent Excessive Delegation:
o They ensure that only minor details are delegated and not core legislative
powers, which should remain with Parliament.
3. Protect Public Rights:
o By reviewing rules, the committees ensure that no law harms people's rights or
freedoms.
4. Improve Lawmaking:
o They help correct vague, redundant, or conflicting rules.

Challenges Faced by Committees


1. High Volume of Rules:
o The committees have to review a large number of rules, making it difficult to
scrutinize all thoroughly.
2. Limited Time and Resources:
o They often face resource and time constraints.

3. Non-Binding Recommendations:
o The recommendations made by these committees are not mandatory for the
government to follow.
4. Executive Dominance:
o The executive sometimes resists oversight, making the committees less
effective.

Examples of Judicial Support for Committees’ Work


1. Delhi Laws Act Case (1951):
o The Supreme Court emphasized that the legislature cannot delegate its core
functions and highlighted the need for parliamentary oversight.
2. Vasanlal Maganbhai Sanjanwala v. State of Bombay (1961):
o Confirmed that the delegation of minor details is valid but requires proper
checks and balances.

Conclusion
Scrutiny Committees of Parliament on Subordinate Legislation play a vital role in ensuring
that delegated legislation is fair, lawful, and consistent with the Constitution. By reviewing
rules, they ensure accountability, prevent misuse of powers, and maintain the balance of
power between the legislature and executive. While there are challenges like limited
resources and the increasing volume of rules, these committees remain essential for
upholding democratic principles and protecting public interest in India.

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