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Control Over Delegated Legislation Flashcards

1
Q

What is the primary function of the Legislature in a parliamentary democracy?

A

To legislate and supervise the Executive’s exercise of delegated legislative power.

This ensures proper exercise and accountability of the Executive.

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2
Q

What obligation does the Legislature have when delegating power to the Executive?

A

To supervise and control the exercise of the delegated legislative power.

This includes preventing abusive and unwarranted use by the Administration.

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3
Q

How does the Legislature represent public opinion in the context of administrative actions?

A

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.

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4
Q

What are the two significant limbs of legislative supervision over delegated legislation in India?

A
  • Laying of delegated legislation before the Legislature
  • Scrutiny of delegated legislation by a legislative scrutiny committee
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5
Q

What is required when a bill involving delegation of legislative power is proposed in Parliament?

A

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.

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6
Q

What is the purpose of the memorandum attached to bills involving delegation of legislative power?

A

To inform members of Parliament about the delegation’s provisions and scope.

It aims to focus legislative attention on the implications of delegation.

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7
Q

What is the ‘laying procedure’ in the context of parliamentary control?

A

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.

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8
Q

What are the three main variants of the laying procedure in the UK?

A
  • Simple Laying
  • Laying with annulment
  • Laying subject to affirmation
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9
Q

What is ‘Simple Laying’?

A

The requirement to lay the rules before Parliament before they come into operation.

It is a basic mechanism for parliamentary oversight.

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10
Q

What does ‘Laying with annulment’ allow?

A

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.

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11
Q

What is the most effective form of laying procedure for parliamentary control?

A

Laying subject to affirmation, as it requires parliamentary approval for the rules to become effective.

This facilitates discussion and scrutiny in both Houses.

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12
Q

What does the standard laying formula in India require?

A

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.

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13
Q

What happens if both Houses of Parliament agree to modify or annul a rule laid before them?

A

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.

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14
Q

What is ‘laying with affirmative procedure’?

A

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.

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15
Q

What recommendations did the Rajya Sabha Committee on Subordinate Legislation make regarding the affirmative procedure?

A

To use it for rules that may infringe personal rights, involve taxation, or lay down unclear policies.

This aims to enhance parliamentary oversight.

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16
Q

What is the Lok Sabha Committee’s stance on the laying of rules made by State Governments?

A

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.

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17
Q

What types of delegated legislation does the Lok Sabha Committee recommend should be laid before Parliament?

A
  • Notifications
  • Regulations
  • Bye-laws
  • Legislative orders
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18
Q

What does the Supreme Court state about the laying of rules?

A

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.

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19
Q

What did the Rules Publication Act, 1893 aim to address in the UK?

A

The need for a systematic scheme for publication and reference of delegated legislation.

This reflects the growing complexity of delegated legislative processes.

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20
Q

What is required for the amendment of Schedule I to be valid?

A

A positive act of approval by Parliament

Merely laying down the notification before Parliament is insufficient.

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21
Q

What is the principal form of delegated or secondary legislation in Great Britain?

A

Statutory Instrument

Governed by the Statutory Instrument Act, 1946.

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22
Q

What legislation was enacted in 1893 to provide for the publication of statutory rules and orders in the UK?

A

Rules Publication Act, 1893

This was in response to the growth of delegated legislation.

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23
Q

What are the two forms of parliamentary control over Statutory Instruments?

A
  • Negative Resolution Procedure
  • Affirmative Resolution Procedure
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24
Q

Which act allows the government to change Acts of Parliament to remove burdens on business?

A

Regulatory Reform Act, 2001

Introduces a rigorous affirmative procedure for changes.

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25
Q

What is the difference between directory and mandatory laying requirements?

A

Directory does not affect legal validity; mandatory requires approval for rules to come into force.

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26
Q

What is the legal effect of failing to lay rules under a simple laying procedure?

A

It does not affect their legal validity; deemed to be directory.

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27
Q

What happens when rules are laid before Parliament and subject to a negative resolution?

A

Rules become effective as soon as made; Parliament can disapprove later.

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28
Q

In the case of Atlas Cycle Industries Ltd. v State of Haryana, what did the Supreme Court rule about the laying requirement?

A

The requirement is directory and not mandatory; non-laying does not make it void.

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29
Q

What are the two considerations for regarding a provision as directory?

A
  • Absence of provision for non-compliance
  • Serious inconvenience to the public if declared invalid
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30
Q

What is one reason why the simple laying procedure is regarded as mandatory in Australia?

A

It is part of the general publication requirements.

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31
Q

What is the impact of the laying requirement on judicial review of delegated legislation?

A

Laying does not confer validity; rules remain subject to the ultra vires doctrine.

32
Q

What must be shown for the courts to declare a regulation invalid despite it being laid before Parliament?

A

It must be proven to be ultra vires the statute under which it was made.

33
Q

In S.R. Bommai v UOI, what did the Supreme Court state about the approval of a proclamation by Parliament?

A

Approval does not validate an invalid proclamation.

34
Q

What is the mandatory requirement for placing an ordinance before the legislature?

A

Failure to lay an ordinance renders it of no consequence.

35
Q

What is the judicial review stance on the President’s satisfaction under Article 123(1)?

A

Not immune from judicial review; can be questioned in cases of fraud or abuse of power.

36
Q

What is the role of parliamentary scrutiny committees in the context of laying procedures?

A

They provide oversight, but effectiveness depends on individual vigilance of members.

37
Q

What is the main purpose of parliamentary scrutiny committees?

A

To provide effective parliamentary supervision over delegated legislation.

38
Q

When was the Lok Sabha Committee on Subordinate Legislation established?

A

1953.

39
Q

When was the Rajya Sabha Committee on Subordinate Legislation established?

A

1964.

40
Q

What is the main limitation of the negative resolution procedure in India?

A

It relies heavily on the vigilance of individual members of Parliament.

41
Q

What is the composition of the Lok Sabha Committee on Subordinate Legislation?

A

15 members appointed by the Speaker, representing all political parties.

42
Q

Who typically chairs the Lok Sabha Committee on Subordinate Legislation?

A

A member of the opposition.

43
Q

What is one of the primary functions of the parliamentary scrutiny committees?

A

To scrutinize whether the power to make regulations has been properly exercised.

44
Q

List three specific criteria the committees check when scrutinizing orders laid before the House.

A
  • Accord with the Constitution or the Act
  • Imposition of any tax
  • Retrospective effect of provisions
45
Q

True or False: The reports of the committees are discussed in the House.

A

False.

46
Q

What aspect of delegated legislation do the committees often criticize?

A

The use of complicated language and ambiguities.

47
Q

Fill in the blank: The committees have taken objection to giving _______ operation to the rules unless expressly conferred by the parent statute.

A

retrospective.

48
Q

What principle do the committees advocate regarding financial levies?

A

They should be imposed by statute and not by rules.

49
Q

What is the general philosophy underlying delegated legislation?

A

Policies are formulated by the legislature and detailed provisions are made through rules.

50
Q

What are the committees empowered to consider regarding the executive’s use of rule-making power?

A

Whether it has made an ‘unusual or unexpected’ use of the power.

51
Q

What type of safeguards do the committees insist on in the rules?

A

Procedural safeguards against abuse of administrative powers.

52
Q

What has been a consistent criticism of the executive by the committees?

A

Attempts to curtail judicial review through rules.

53
Q

How do the committees view the delegation of rule-making power in wide language?

A

They criticize it.

54
Q

What must be provided in a rule that gives retrospective effect according to the committees?

A

An explanatory note stating circumstances and reasons.

55
Q

What is one of the key roles of the committees regarding the rules laid before Parliament?

A

To ensure timely laying of rules to enhance parliamentary control.

56
Q

True or False: The committees are tasked with reviewing policies embodied in the rules.

A

False.

57
Q

What do the committees suggest concerning the language of rules?

A

It should be simple and understandable to the public.

58
Q

What happens if the committees find unjustifiable delay in laying rules before Parliament?

A

They express concern and direct that such instances should not recur.

59
Q

What is the main concern regarding rules that confer broad discretion on administrative authorities?

A

They may lead to arbitrary or abusive actions.

60
Q

What safeguards were suggested by the Committees regarding the withdrawal of telephone services?

A
  • Giving due notice to the subscriber
  • Recording reasons in writing for withdrawal
  • Communication of reasons to the subscriber
61
Q

What are the suggested safeguards for the exercise of search powers?

A
  • Consideration of social and religious customs
  • Presence of witnesses during the search
  • Preparation of an inventory of goods
62
Q

What issues have been identified with the rules concerning delegated legislation?

A
  • Rules found to be ultra vires
  • Rules deemed discriminatory
  • Rules considered unfair
63
Q

What is the ‘Removal of Difficulties’ clause?

A

A clause allowing the government to remove operational difficulties in rules without publishing directions in the gazette

64
Q

What is the role of Committees in relation to parliamentary orders?

A

To bring to the notice of the House any matter deserving attention regarding orders

65
Q

What has been noted about the delay in making rules under various Acts?

A

Some rules were delayed for periods exceeding 6, 7, or even 14 years

66
Q

What recommendation did the Rajya Sabha Committee make to expedite rule-making?

A

Call representatives of all concerned Ministries simultaneously for discussions

67
Q

What has been recommended regarding the publication of rules?

A

Rules should be published in the Gazette of India even if not required by the parent Act

68
Q

What is the significance of publishing delegated legislation?

A

Ensures protection for affected persons and aligns with democratic principles

69
Q

What should be done before finalising draft rules, according to the Committees?

A

Draft rules should be circulated for public comment with at least 30 days for feedback

70
Q

In the case of Kalpana Mehta v UOI, what was the main issue regarding the vaccine approval?

A

Concerns arose after deaths followed vaccinations of young girls without parental consent

71
Q

What does parliamentary privilege generally prevent in court proceedings?

A

Challenges to the propriety of actions taken during parliamentary proceedings

72
Q

What is the constitutional position regarding judicial scrutiny of legislative actions?

A

Legislative actions cannot be questioned merely for procedural irregularities

73
Q

What can be derived from a Parliamentary Standing Committee report?

A
  • Aid in interpreting statutory provisions
  • Historical fact recognition
  • Judicial notice as admissible evidence
74
Q

What limitations do Committees on Subordinate Legislation face?

A

They cannot scrutinise administrative policy-making and lack effective sanctions

75
Q

What is suggested for improving scrutiny of delegated legislation by Parliament?

A

Develop mechanisms to examine the substance of delegated legislation

Admin Law (2 decks)

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