Control Over Dl

Question 1

Parliamentary control

Answer 1

Just like any principle would supervise the actual acts of his agent

1. Pre enactment control - debates on delegation bill
2. POST ENACTMENT CONTROL

a. Laying on the table - SC discusses 3 types in ATLAS CYCLE INDUSTRIES vs STATE - simple, subject to negative resolution, subject to affirmative resolution

Effect Non complaince depends on whether the provisions are mandatory or directory

b. Parl commitee on subordinate legislation —-> made several redo
1. Imposition of tax
2. No retrospective effect unless given in parent act
3. Simple and clear language
4. Shouldn’t have discriminatory provisions
5. Shouldn’t go beyond boundaries conferred by parent act

Question 2

Judicial control

Answer 2

1. When enabling act is ultra viruses to constn - dept comm to prohibit manufacture of beedis in some areas - 19(1)(g)
2. When administrative leg is ultravires to constn - air hostess case
3. When AL is ultravires to delegating act

Question 3

When AL is ultravires to enabling act

Answer 3

1. Excess - ferry
2. Conflict
3. Conflict with presecribed procedure
4. Arbitrary and unreasonable - rule by bar council 45 years
5. Encroach upon rights of private citizens without express provision in the enabling act
6. Conflict with some other statute
7. Delegatus non potest delegare
8. Rule making authority has acted malafide

Question 4

Procedural control

Answer 4

1. Drafting
2. Publication ( state of Maharashtra vs MH George )
3. Consultation.
   Broadly 4 categories -
4. Official consultation with a named body
5. Statutory body incharge of a particular subject
6. Administrative boards
7. Interested person and affected person