Judicial Control on delegated legislation

Theoretical overview

Judicial control occupies an important role in the field of control mechanism. It means assessment by the courts of a legal validity of a piece of delegated legislation which the court may do first with the reference to the constitution by applying doctrine of ultra vires. Secondly, other recognized principles of law. It is the most effective to keep administration within legal boundaries

Delegated legislation may become invalid on the following ground: –

1. If the enabling act is ultra vires the constitution.
2. If the administrative legislation is ultra vires the constitution.
3. If administrative legislation is ultra vires the parent or enabling act.

1. If the enabling act is ultra vires the constitution.

If it is ultra vires then rules made under it are also void which may violate either implied or express limits of the court. Legislation cannot delegate its essential functions to any other authority. And if it does so, it automatically becomes ultra vires. It is a question to be decided by the court whether it suffers from excessive legislation or mot with reference to certain factors –

• Subject matter of the law
• Scheme of the law
• Provisions of the statutes including the preamble
• Factual and circumstantial background.

2.  If administrative legislation is ultra vires the constitution

It may happen even when the parent act may not be ultra vires yet the administrative legislation can be. If the enabling act is ultra vires, the constitutionality of the delegated legislation can be considered. Administrative rule making can also be challenged on the ground that it is discriminatory. Even the laws protected under article 31(b) of the constitution can be held accountable.

3. When administrative legislation is ultra vires the enabling act.

This situation arises when: –

• It is in excess of power conferred to it.
• In conflict with enabling act – if, in direct conflict, it can be invalid. Conflict may arise with reference to the object and purpose of enabling act.
• In conflict with the prescribed procedure – sometimes enabling act lays procedure that should be followed while exercising rule making. If it violates the rule, then it is invalid
• Unreasonable, arbitrary and discriminatory – unreasonableness can be challenged on the ground that it violates the article 14 of the constitution.
• Malafide – on the ground of bad faith or ulterior purpose
• In conflict with terms of some other statute – it can not violate any legislation made by the central or state government. It must be made in conformity with enabling as well as other provisions.
• Encroaches the rights of the private individual.

Important case laws 

1. Sophy Kelly vs State of Madras – in this case there was the regulation of the Maharashtra education board which provided that all headmasters should forward all candidates of SSC exam to board irrespective of their academic progress during the year. It was held ultra vires as they were allowed to forward the names of those who have attained a specific academic progress
2. Air India vs Nargez Meerza – it was held that, to declare a law unreasonable, it should be unjust, capricious and partial in operation.
3. Raza Buland sugar Co. ltd vs municipal board Rampur – UP Municipal act 1916 provided that the rules in the draft must be published in the local Hindi daily which was earlier published in Urdu.  
4. Lal Chandra vs state of Bihar – the Patna high court stated that the rule providing for the management of Jain temples to be discriminatory and violative of article 14 because it restricted the voting right of the individual.

Important legal maxim

1. Ultra vires – it means beyond the powers.

Points to remember

• Judicial control occupies an important role in field of control mechanism
• Delegated legislation may become invalid on the ground if enabling act is ultra vives the constitution.
• Delegated legislation may become invalid on ground If the administrative legislation is ultra vires the constitution
• Delegated legislation may become invalid on the ground If id administrative legislation is ultra vires the parent or enabling act.