A STUDY ON CONTROL OVER DELEGATED LEGISLATION IN INDIA
AUTHOR – VAISHNAVI K R & SANDHIYA R, STUDENTs AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI
BEST CITATION – VAISHNAVI K R & SANDHIYA R, A STUDY ON CONTROL OVER DELEGATED LEGISLATION IN INDIA, ILE MULTIDISCIPLINARY JOURNAL, 3 (1) OF 2024, PG. 117-122, APIS – 3920-0007 | ISSN – 2583-7230.
Abstract
The Constitution of the country allows to make laws for the welfare of the country. Our Constitution has three branches of Organs, Legislation, Executive and Judiciary. Each organ has its own function in which the organs are independent in their nature. Legislation plays the role of law making for the welfare of the people. Executive functions are with respect to implementing the laws that are made by the legislation. And Judiciary performs the functions of interpreting the laws and protecting rights of the citizens. There are various laws available in the country and due to dynamic change in society, there is a need for more new laws. It is not possible for legislation to perform the function of making laws. Hence in those circumstances the powers of the legislation are delegated to the executives to make laws but within the scope of its nature. Within the scope refers to that the executive only has the power to make the laws extent up to the powers delegated to them. This is known as the Doctrine of Ultra vires which states anything that has been done beyond their powers is void.
A.K. Kraipak Vs Union Of India[1], it is a case which laid down the ground of Judicial Review of Administrative actions particularly dealing with the doctrine of Ultra vires. This case law deals with the exceeding action of authority in selecting the candidates for Indian Forest Service. The court held that the administrative action must be within the legal authority and based principles of natural Justice. In delegated legislation concept there are several controls over delegated legislation. This paper is about clarifying the concept of delegated legislation and talking about the judicial control over delegated legislation.
[1] AIR 1970 SC 150