Control Over Delegated Legislation Flashcards
What is the primary function of the Legislature in a parliamentary democracy?
To legislate and supervise the Executive’s exercise of delegated legislative power.
This ensures proper exercise and accountability of the Executive.
What obligation does the Legislature have when delegating power to the Executive?
To supervise and control the exercise of the delegated legislative power.
This includes preventing abusive and unwarranted use by the Administration.
How does the Legislature represent public opinion in the context of administrative actions?
By ensuring that the Administration understands individual freedoms and does not prioritize administrative convenience over rights.
This is crucial as the Administration may overlook public sentiment.
What are the two significant limbs of legislative supervision over delegated legislation in India?
- Laying of delegated legislation before the Legislature
- Scrutiny of delegated legislation by a legislative scrutiny committee
What is required when a bill involving delegation of legislative power is proposed in Parliament?
It must be accompanied by a memorandum explaining the proposal and its scope.
This is mandated by the rules of procedure of each House of Parliament.
What is the purpose of the memorandum attached to bills involving delegation of legislative power?
To inform members of Parliament about the delegation’s provisions and scope.
It aims to focus legislative attention on the implications of delegation.
What is the ‘laying procedure’ in the context of parliamentary control?
A mechanism to inform Parliament about the content of delegated legislation made by the government.
It ensures that Parliament can exercise control over the delegated legislation.
What are the three main variants of the laying procedure in the UK?
- Simple Laying
- Laying with annulment
- Laying subject to affirmation
What is ‘Simple Laying’?
The requirement to lay the rules before Parliament before they come into operation.
It is a basic mechanism for parliamentary oversight.
What does ‘Laying with annulment’ allow?
Rules are laid in draft and can be annulled by a resolution of a House.
This provides a mechanism for Parliament to disallow certain rules.
What is the most effective form of laying procedure for parliamentary control?
Laying subject to affirmation, as it requires parliamentary approval for the rules to become effective.
This facilitates discussion and scrutiny in both Houses.
What does the standard laying formula in India require?
Rules made under an Act must be laid before each House of Parliament for 30 session days.
This applies to all rules made under Central statutes.
What happens if both Houses of Parliament agree to modify or annul a rule laid before them?
The rule will have effect only in its modified form or will cease to exist.
This is a prospective effect; previous actions under the rule remain valid.
What is ‘laying with affirmative procedure’?
Rules are laid in draft form and become effective after a stipulated period or upon affirmation by the Houses.
This procedure is not commonly used in India.
What recommendations did the Rajya Sabha Committee on Subordinate Legislation make regarding the affirmative procedure?
To use it for rules that may infringe personal rights, involve taxation, or lay down unclear policies.
This aims to enhance parliamentary oversight.
What is the Lok Sabha Committee’s stance on the laying of rules made by State Governments?
Such rules should be laid before the State Legislature, not Parliament.
This is due to the lack of responsibility of the Central Government in these rules.
What types of delegated legislation does the Lok Sabha Committee recommend should be laid before Parliament?
- Notifications
- Regulations
- Bye-laws
- Legislative orders
What does the Supreme Court state about the laying of rules?
Laying may be subject to negative or positive resolution or may be a mere laying before the House.
This distinction affects how rules are scrutinized.
What did the Rules Publication Act, 1893 aim to address in the UK?
The need for a systematic scheme for publication and reference of delegated legislation.
This reflects the growing complexity of delegated legislative processes.
What is required for the amendment of Schedule I to be valid?
A positive act of approval by Parliament
Merely laying down the notification before Parliament is insufficient.
What is the principal form of delegated or secondary legislation in Great Britain?
Statutory Instrument
Governed by the Statutory Instrument Act, 1946.
What legislation was enacted in 1893 to provide for the publication of statutory rules and orders in the UK?
Rules Publication Act, 1893
This was in response to the growth of delegated legislation.
What are the two forms of parliamentary control over Statutory Instruments?
- Negative Resolution Procedure
- Affirmative Resolution Procedure
Which act allows the government to change Acts of Parliament to remove burdens on business?
Regulatory Reform Act, 2001
Introduces a rigorous affirmative procedure for changes.
What is the difference between directory and mandatory laying requirements?
Directory does not affect legal validity; mandatory requires approval for rules to come into force.
What is the legal effect of failing to lay rules under a simple laying procedure?
It does not affect their legal validity; deemed to be directory.
What happens when rules are laid before Parliament and subject to a negative resolution?
Rules become effective as soon as made; Parliament can disapprove later.
In the case of Atlas Cycle Industries Ltd. v State of Haryana, what did the Supreme Court rule about the laying requirement?
The requirement is directory and not mandatory; non-laying does not make it void.
What are the two considerations for regarding a provision as directory?
- Absence of provision for non-compliance
- Serious inconvenience to the public if declared invalid
What is one reason why the simple laying procedure is regarded as mandatory in Australia?
It is part of the general publication requirements.
What is the impact of the laying requirement on judicial review of delegated legislation?
Laying does not confer validity; rules remain subject to the ultra vires doctrine.
What must be shown for the courts to declare a regulation invalid despite it being laid before Parliament?
It must be proven to be ultra vires the statute under which it was made.
In S.R. Bommai v UOI, what did the Supreme Court state about the approval of a proclamation by Parliament?
Approval does not validate an invalid proclamation.
What is the mandatory requirement for placing an ordinance before the legislature?
Failure to lay an ordinance renders it of no consequence.
What is the judicial review stance on the President’s satisfaction under Article 123(1)?
Not immune from judicial review; can be questioned in cases of fraud or abuse of power.
What is the role of parliamentary scrutiny committees in the context of laying procedures?
They provide oversight, but effectiveness depends on individual vigilance of members.
What is the main purpose of parliamentary scrutiny committees?
To provide effective parliamentary supervision over delegated legislation.
When was the Lok Sabha Committee on Subordinate Legislation established?
1953.
When was the Rajya Sabha Committee on Subordinate Legislation established?
1964.
What is the main limitation of the negative resolution procedure in India?
It relies heavily on the vigilance of individual members of Parliament.
What is the composition of the Lok Sabha Committee on Subordinate Legislation?
15 members appointed by the Speaker, representing all political parties.
Who typically chairs the Lok Sabha Committee on Subordinate Legislation?
A member of the opposition.
What is one of the primary functions of the parliamentary scrutiny committees?
To scrutinize whether the power to make regulations has been properly exercised.
List three specific criteria the committees check when scrutinizing orders laid before the House.
- Accord with the Constitution or the Act
- Imposition of any tax
- Retrospective effect of provisions
True or False: The reports of the committees are discussed in the House.
False.
What aspect of delegated legislation do the committees often criticize?
The use of complicated language and ambiguities.
Fill in the blank: The committees have taken objection to giving _______ operation to the rules unless expressly conferred by the parent statute.
retrospective.
What principle do the committees advocate regarding financial levies?
They should be imposed by statute and not by rules.
What is the general philosophy underlying delegated legislation?
Policies are formulated by the legislature and detailed provisions are made through rules.
What are the committees empowered to consider regarding the executive’s use of rule-making power?
Whether it has made an ‘unusual or unexpected’ use of the power.
What type of safeguards do the committees insist on in the rules?
Procedural safeguards against abuse of administrative powers.
What has been a consistent criticism of the executive by the committees?
Attempts to curtail judicial review through rules.
How do the committees view the delegation of rule-making power in wide language?
They criticize it.
What must be provided in a rule that gives retrospective effect according to the committees?
An explanatory note stating circumstances and reasons.
What is one of the key roles of the committees regarding the rules laid before Parliament?
To ensure timely laying of rules to enhance parliamentary control.
True or False: The committees are tasked with reviewing policies embodied in the rules.
False.
What do the committees suggest concerning the language of rules?
It should be simple and understandable to the public.
What happens if the committees find unjustifiable delay in laying rules before Parliament?
They express concern and direct that such instances should not recur.
What is the main concern regarding rules that confer broad discretion on administrative authorities?
They may lead to arbitrary or abusive actions.
What safeguards were suggested by the Committees regarding the withdrawal of telephone services?
- Giving due notice to the subscriber
- Recording reasons in writing for withdrawal
- Communication of reasons to the subscriber
What are the suggested safeguards for the exercise of search powers?
- Consideration of social and religious customs
- Presence of witnesses during the search
- Preparation of an inventory of goods
What issues have been identified with the rules concerning delegated legislation?
- Rules found to be ultra vires
- Rules deemed discriminatory
- Rules considered unfair
What is the ‘Removal of Difficulties’ clause?
A clause allowing the government to remove operational difficulties in rules without publishing directions in the gazette
What is the role of Committees in relation to parliamentary orders?
To bring to the notice of the House any matter deserving attention regarding orders
What has been noted about the delay in making rules under various Acts?
Some rules were delayed for periods exceeding 6, 7, or even 14 years
What recommendation did the Rajya Sabha Committee make to expedite rule-making?
Call representatives of all concerned Ministries simultaneously for discussions
What has been recommended regarding the publication of rules?
Rules should be published in the Gazette of India even if not required by the parent Act
What is the significance of publishing delegated legislation?
Ensures protection for affected persons and aligns with democratic principles
What should be done before finalising draft rules, according to the Committees?
Draft rules should be circulated for public comment with at least 30 days for feedback
In the case of Kalpana Mehta v UOI, what was the main issue regarding the vaccine approval?
Concerns arose after deaths followed vaccinations of young girls without parental consent
What does parliamentary privilege generally prevent in court proceedings?
Challenges to the propriety of actions taken during parliamentary proceedings
What is the constitutional position regarding judicial scrutiny of legislative actions?
Legislative actions cannot be questioned merely for procedural irregularities
What can be derived from a Parliamentary Standing Committee report?
- Aid in interpreting statutory provisions
- Historical fact recognition
- Judicial notice as admissible evidence
What limitations do Committees on Subordinate Legislation face?
They cannot scrutinise administrative policy-making and lack effective sanctions
What is suggested for improving scrutiny of delegated legislation by Parliament?
Develop mechanisms to examine the substance of delegated legislation
