Parliamentary Control on delegated legislation

Theoretical overview

In India, parliamentary control is an inherent constitutional function because the executive is responsible to the legislature at two stages: initial and direct or indirect stages.

Initial stage

At this stage it is decided that how much power is required to be delegated for completing the particular task and also to check that delegation of power is valid or not

Direct / indirect stage

Direct stage is further divided into general and special. Control in general sense is exercised with the following measures: –

• Through debate on the act which contain delegation
• Through question and notices
• Through vote on grant
• Moving resolutions and notices

Direct special control is exercised through techniques of laying on the table of the house and regulations framed by the administrative authorities. Laying on table means placing before parliament.

• Forms of laying are: –
  • Laying with no further direction where rules and regulation came into effect as soon as they were laid. It is just to inform the house.
  • Laying subject to negative resolution where the rules and regulations came into effect but cease to have effect if annulled by a resolution of the house.
  • Laying subject to affirmative resolution where rules and regulation does not come into effect unless approved by a resolution of each house
  • Laying in draft subject to negative resolution where draft shall be placed on table and shall come into effect after 40 days from the date of laying unless disapproved before that period.
  • Laying in draft subject to affirmative resolution where instrument and draft have no effect unless approved by the house.

The legal consequence of non-compliance depends on whether it is mandatory to lay condition precedent or not and if it is directory then the condition will be subsequent.

Indirect control

Parliament exercises indirect control through its committee. The committee of subordinate legislature of Lok Sabha was first set up in 1953 and consisted of 15 members appointed by Lok Sabha speaker for 1 year. The committee of subordinate legislature of Rajya Sabha was first set up in 1964 and consisted of 15 nominated members nominated by the chairman of Rajya Sabha who held office till the new committee was formed.

Their main function shall be to examine: –

1. Whether rules are in accordance with the general object of the act.
2. Whether it contains imposition of tax
3. Whether directly or indirectly bars the jurisdiction of the court 
4. Whether it is retrospective in nature
5. Whether it involves expenditure from the consolidated fund of India.
6. Whether it safeguards or destroys the principles of natural justice.

Important sections/articles

Section 4 of statutory instruments act, 1946 where subordinate legislation is required to be laid before parliament after being made, a copy shall be laid before each house before the legislation comes into operation.

Important case laws

1. Avinder singh vs. state of Punjab (1979) – it was held that parliamentary control over delegated legislation should be a living continuity as a constitutional necessity.

Points to remember

• In India, parliamentary control is inherent constitutional function
• Executive is responsible to the legislature at two stages: initial and direct or indirect stages.
• At initial stage it is decided that how much power is required to be delegated
• Direct special control is exercised through techniques of laying on the table
• The legal consequence of non-compliance depends on whether it is mandatory to lay condition precedent or not and if it is directory then the condition will be subsequent