Control of Delegated Legislation

Power tends to corrupt and absolute power tends to corrupt absolutely. For this it is very important to control the delegated legislation. The control of delegated legislation may be done by following three ways –

1. Judicial Control
2. Parliamentary Control
3. Others control

A. Judicial Control:

When any administrative authority violates or exceeds its limit while exercising delegated legislation, court may declare that is ultra vires. In this case ultra vires may be two kinds –

1. Substantive ultra vires
2. Procedural ultra vires

1. Substantive ultra vires:

In the following cases delegated legislation may be said to be caused by substantive ultra vires –

1. Where Parent Act is unconstitutional:

The power of the delegated legislation which is exercised by the administrative authority will be ultra vires if the Parent Act is unconstitutional by which it is acquired the power. 

• Where delegated legislation is inconsistent with the Parent Act:

The power of the delegated legislation which is exercised by the administrative authority will be ultra vires if it is inconsistent with the Parent Act by which it is acquired the power. 

• Where delegated legislation is unconditional:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if although it is consistent with the Parent Act by which it is acquired the power, but inconsistent with the Constitution.

• Where it is caused by Unreasonableness:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is caused by Unreasonableness.

• Where it is caused by Malafide:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is caused by Bad intention / Malafide.

• Where it is conflicting with the common law rights:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is conflicting with the common law rights.

• Where it is conflicting with other statute:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is conflicting with other statute.

• When it is sub-delegated:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is sub-delegated to any authority.

2.  Procedural ultra vires:

In the following cases delegated legislation may be said to be caused by substantive ultra vires –

1. Where it is not duly published:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is not duly published.

• Where it is enforced without consultation:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is enforced without consultation of the people affected by it.

• Where it is not laying before parliament:

The power of the delegated legislation, which is exercised by the administrative authority, will be ultra vires if it is not lying before parliament before enforced.

B. Parliamentary Control:

Delegated legislation is made under the authority of Parliament. For this parliament has responsibility to control the delegated legislation against its abuse. In this regard Prof. Jain and Jain refers that, ‘it is not only the right of the parliament but also the duty to control and supervise how the executive exercise delegated legislation’.

Lonhia Machines Ltd.   v.  Union of India (1985)

In this case the Supreme Court of India express the following two objectives of the parliament regarding the control of delegated legislation –

1. Exercise the power within the limits of the subject-matter
2. Exercise the power without bias

C. Others control: Except judicial and parliamentary control, the reasonable or affect people of the society, NGO or social associations also may control the delegated legislation.