LEGISLATIVE CONTROL

OF DELEGATED
LEGISLATION
Administrative Law Project

Submitted toMrs. Priya Vijay Tripathi

Assistant Professor
Submitted ByRohit Raghuwanshi
Roll No. 183
Semester 6th (Section A)

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW,

RANCHI

ACKNOWLEDGEMENTA major project work like this is never the work of anyone alone. The contributions of many
different people, in their different ways, have made this possible. It gives me great satisfaction to
prepare this Project. I would like to take this opportunity to express my gratitude and personal
regards to Priya Vijay Maam for inspiring and guiding me during the course of this project
work without her valuable guidance and support the completion of the project would not have
been possible.
I will like to thank the library staff for working long hours to facilitate me with required material
going a long way in quenching my thirst for education. I would also like to thank my seniors for
guiding me through tough times. Im also thankful to my parents who continuously encouraged
and inspired us for my project work. Efforts have been made to avoid errors but in spite of it
some errors might have crept in inadvertently.
Rohit Raghuwanshi

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INDEX
1.
2.
3.
4.
5.
6.

ACKNOWLEDGEMENTS2
INDEX3
INTRODUCTION..4
ANALYSIS OF DELEGATED LEGISLATION.6
REASONS BEHIND DELEGATED LEGISLATION10
CONTROL OVER DELEGATED LEGISLATION............................................11

Reasons Behind The Control.................................................................11

Types Of Control Over The Delegated Legislation...............................12

7. ALLOTMENT OF TIME FOR DISCUSSION AND MOVING OF MOTIONS..17
8. CONCLUSION..21
9. BIBLIOGRAPHY.22

INTRODUCTION-

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India is a great democratic country. Democracy endorses the rule of law where peoples
sovereign will is pronounced by the Parliament through legislation. 1 The enactments by the
Parliament direct the tasks for the executive and outline reference for the judiciary. 2 Therefore,
the traditional belief of the democratic legislation approves legislation as an exclusive business
of the Parliament. Sometimes these law-making powers are conferred upon the executive by the
legislature they are delegated legislative powers.3 Delegated legislation at times is measured as
legislation without a legislature. It is indeed, executive legislation, but not exclusive for being
detached from the legislatures of democratic polity. This sort of executive law-making has been
derived from the authority given by the parliaments or legislatures of representative
governments. Legislatures or parliaments herein delegates power to legislate; the end product is
delegated legislation.4

Delegated legislation usually creates more scope for the executive to be more authoritative. The
critics of delegated legislation put emphasis on the proclivity of the practice of delegated
legislation in allowing the executive to legislate unchecked by the normal constraints of
politicians, parliamentary majorities and interest groups.5In the early days of delegated
legislation it has viewed as bureaucratic encroachments in the legislative process manifesting
the new despotism.6 In between the two world wars (1914-1945) delegated legislations by the
1Gerring, John, and Strom C. Thacker, A Centripetal Theory of Democratic Governance,
(Cambridge University Press, 2008).
2 Inter-Parliamentary Union, Parliaments of the World: A Comparative Reference Compendium, Vol. II, 2nd ed.
New York & London: Facts on File Publications for the IPU, 1976.

3 K. C., Wheare, Legislatures, 2nd ed, (London: Oxford University Press, 1968), p. 2.
4S. A. de Smith, Constitutional and Administrative Law, 3rd Ed. (New York: Penguin Books, 1977), p. 321.
5 Edward C. Page, Governing by Numbers: Delegated Legislation and Everyday Policy-Making (Oxford and
Portland, Oregon: Hart Publishing, 2001), p. 11.

6 Lord Hewart, The New Despotism (London: Earnest Benn Limited, reprinted, 1945), pp. 21-22.
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executive bypassing legislatures had been the dominant feature of legislation in the democracies
like the UK, the USA and France.7
In 1946, the British Parliament and the US Congress enacted, The Statutory Instruments Act 8
and The Federal Administrative Procedure Act9. Since then, under the above law, the practices
of executive legislation have been checked and controlled by the Committee Systems of the
British Parliament and by the US Congress. Our country India, the largest democracy, has
introduced legislative measures to check delegated legislation since its First LokSobha.10 In 1962,
while formulating remedial measures against the abuse of administrative authority the UN has
recognised as delegated legislation is an indispensable and unavoidable agenda for the big
governments of modern day, however, it should be done with ultimate legislative sanction in the
form of final approval of detailed legislation, annulment of certain laws in case of necessity, and
provision for annual reports by the executive to the legislature on the application of delegated
legislation.11 Later, the system of legislative control on delegated legislation has gained almost
universality in the democratic world.
According to the traditional theory, the function of the executive is to administer the law enacted
by the legislature, and in the ideal state the legislative powers must be exercised exclusively by
the legislature who is directly responsible to the electorate. 12 Apart from the pure administrative
7 K.C. Wheare, Legislatures, p. 64.
8 See, Hugh Molson, Delegated Legislation in P.M. Briers et al., Papers on Parliament: A Collection of
Symposium Papers (London: Hansard Society, 1949), pp. 95-116.

9 See, Stephen G. Breyer and Richard B. Stewart, Administrative Law and Regulatory Policy (Boston & Toronto:
Little, Brown & Co., 1979), pp. 1087-1104.

10The Standing Committee on Subordinate Legislation of the Lok Sabha was formed in 1953. See, I.P. Sathe,
Administrative Law, 6th ed. (Bombay: N.M. Tripathy Private Limited, 1994), pp. 79.

11 United Nations Technical Assistance Operations, Seminar on Judicial and other Remedies Against the Abuse of
Administrative Authority (New York, 1962), cited in AbunasarShamsulHoque, Administrative Reform in Pakistan
(Dhaka: NIPA, 1970), pp. 62-63.

12 Supra Note 8.
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function executive also performs legislative and the judicial functions also. In England,
theoretically it is only parliament, which can make laws. Even in the United States of America
where the doctrine of the delegated legislation has not been accepted in principal, in practice the
legislature has entrusted legislative powers to the executive. Administrative legislation met with
a rapid growth after World War II and in India during 1973 to 1977.

ANALYSIS OF DELEGATED LEGISLATIONLegislation is either supreme or subordinate. The former is that which proceeds from the
supreme or sovereign power in the State, and which is therefore incapable of being repealed,
annulled or controlled by any other legislative authority. Subordinate legislation is that which
proceeds from any authority other than the sovereign power, and is, therefore, dependent for its
continued existence and validity on some superior or supreme authority. The idea is to
supplement Acts of Supreme Legislative Body by prescribing detailed rules required for their
operation.13
When a legislative body passes an Act, it has exercised its legislative function. The essentials of
such function are the determination of the legislative policy and its formulation as a rule of
conduct. These essentials are the characteristics of a Legislature itself. After a Law is made by
the Legislature, it is clear that every detail for working it out and for carrying the enactment into
operation and effect, may be done by the Legislature or may be left to another subordinate
agency or to some executive officer.14 While this is sometimes loosely described as a delegation
of legislative power, in essence, it is different from delegation of legislative power which means
a determination of the legislative policy and formulation of the same as a rule of
conduct.15Explaining the meaning of the expressions delegated legislation and delegating
13John Salmond: Jurisprudence, 9th edition, London, Sweet and Maxwell Limited, 1937, p. 210. See also Blacks
Law Dictionary, 8th Edition, p. 918.

14 Ibid.
15Kania, C.J., In re. Delhi Laws Act, A.I.R. 1951 S.C. 332(338).
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legislative power, Fazl Ali, J. in Delhi Laws Act case16 observed:

the expressions delegated legislation and delegating legislative power are
sometimes used in a loose sense, and sometimes in a strict sense. These expressions
have been used in the loose sense or popular sense in the various treatises or reports
dealing with the so called delegated legislation... There can be no doubt that if the
Legislature completely abdicates its functions and sets up a parallel Legislature
transferring all its power to it that would undoubtedly be a real instance of
delegation of its power. In other words, there will be delegation in the strict sense if
legislative power with all its attributes is transferred to another authority.
In a modern welfare State, governmental activity has pervaded almost every field of human
endeavour, thus, necessitating enactment of multifarious laws to regulate this ever-widening
activity. The Legislature does not have enough time to deliberate upon, discuss and approve all
the regulatory measures.17 Moreover, law-making has now become a complicated and technical
matter, and law has to flawless in technical details.
In the nature of things, what the Legislature does, and can do, is to lay down the policy and
purpose of any legislation in hand, leaving it to the Executive to frame, in conformity with those
principles, formal and procedural details of that measure in the form of orders.18Emphasizing
the necessity of subordinate legislation, the Supreme Court in Gwalior Rayon Mills Mfg.
(Wvg.) Co. Ltd. v.Asstt. Commissioner of Sales Tax19observed:

16 1951 AIR 332.

17 Ibid.
18 An order for this pur[ose means a regulation, rule,sub-rule,bye-law, etc framed in
pursuance of the provisions of the constitution or the legislative function delegated by the
Parliament to a sub-ordinate authority, which is required to be laid before the house Rule 319
19AIR 1974 SC 1660
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Most of the modern socio-economic legislations passed by the Legislature lay

down the guiding principles and the legislative policy. The Legislatures because
of limitation imposed upon by the time factor hardly go into matters of detail.
Provision is, therefore, made for delegated legislation to obtain flexibility,
elasticity, expedition and opportunity for experimentation. The practice of
empowering the executive to make subordinate legislation within a prescribed
sphere has evolved out of practical necessity and pragmatic needs of modern
welfare State.
This power of delegation is a constituent element of the legislative power as a whole 20. So long
as the Legislature indicates in the operative provisions of the statute the policy and purpose of
the enactment, the mere fact that the legislation is skeletal or the fact that a discretion is left to
those entrusted with administering the law, is no basis for a contention that there has been
excessive delegation of legislative power, if the power or discretion has been conferred in a
manner which is legal and constitutional.21
On the basis of judicial pronouncements, it may be taken as an established law now in India, that
the Legislature is not competent to delegate to the executive or any other body its essential
legislative function, namely, the determination of the legislative policy and its formulation, as a
rule of conduct.22 But it has been conceded that the Legislature can take the assistance of other
bodies in subsidiary matters and that the cases in which such assistance can be taken would fall
broadly into two types of legislations known as conditional legislation and ancillary or

20Vasanlal Maganbhai Sanjanwala and Pratap Spinning and Manufacturing Co. Ltd. v. the State of Bombay,
A.I.R. 1961 S.C. 4; M/s. Tata Iron and Steel Co. Ltd. v. Workmen of M/s. Tata Iron and Steel Co. Ltd., A.l.R. 1972
S.C. 1917.

21Jyoti Parshad v. Union Territory of Delhi, A.I.R. 1961 S.C. 1602.

22Devi Das Gopal Krishan v. State of Punjab, A.I.R. 1967 S.C. 1895 (1901); Municipal Corporation of Delhi v.
Birla Cotton Spinning and Weaving Mills, Delhi, A.I.R. 1968 S.C. 1232; M/s. Tata Iron and Steel Co. Ltd. v.
Workmen of M/s. Tata Iron and Steel Co. Ltd., A.I.R. 1972 S.C. 1917; Gwalior Rayon Mills Mfg. (Wvg.) Co. Ltd. v.
Assistant Commissioner of Sales Tax, A.I.R. 1974S.C. 1660, 1667-69.

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subordinate legislation.23
As to the meaning of conditional legislation, it may be broadly described as legislation, the
operation of which is conditional upon the decision of a specified authority, as distinguished
from legislation which is absolute and comes into operation of its own force and independently
of the will of any other authority. In this connection, it has been observed:
In a conditional legislation, the law is full and complete when it leaves the legislative chamber,
but the operation of the law is made dependent upon the fulfilment of a condition, and what is
delegated to an outside body is the authority to determine, by the exercise of its own judgment,
whether or not the condition has been fulfilled.24
As regards subordinate or ancillary legislation, it refers to cases in which the Legislature lays
down the policy in more or less general terms and confers on an extraneous authority the power
to make rules and regulations to carry out the legislative policy. It is open to the Legislature to
formulate the policy as broadly and with as little or as much details as it thinks proper and it may
delegate the rest of its work to a subordinate authority who will work out the details within the
framework of that policy.25 In this regard, Mukherjea, J. in Delhi Laws Act case26 observed:
Delegation of legislative authority could be permissible but only as ancillary to, or
in aid of the exercise of law-making powers by the proper Legislature, and not as a
means to be used by the latter to relieve itself of its own responsibility or essential
23A.I.R. Commentaries on the Constitution of India, Vol. IV, 1973, art.215, Note 9(a) Pt. 6. See also (i) In re. Delhi
Laws Act, 1912, 1951, S.C.R. 747 (SC); (ii) Hari Shankar Bagla v. State ofMadhya Pradesh, 1955 S.C.R. 380 (SC);
(iii) Raj Narain Singh v. Chairman, Patna Administration Committee, 1955 S.C.R. 290 (SC); (iv) Edward Mills Co.
v. State of Ajmer, 1955 S.C.R. 735 (SC).Conditional legislation is also known as contingent legislation, and
ancillary legislation as subordinate or subsidiary or supplementary legislation.

24Observations of Mukherjea, J., In The Delhi Laws Act Case, 1951 S.C.R. 747 (978, 979).
25A.I.R. Commentaries, op. cit.,art. 245. Note II (Pt. 1); see also A.I.R. 1954 S.C. 465 (468).
26 Ibid.
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duties by devolving the same on some other agent or machinery. A constitutional

power may be held to imply a power of delegation of authority which is necessary to
effect its purpose; and to this extent delegation of a power may be taken to be
implicit in the exercise of that power.
The principle enunciated above has been stressed by the Supreme Court in a number of other
cases decided after the Delhi Laws Act case. In recent years an increasing use of the technique of
sub-delegation has been resorted to in India. Sub-delegation takes place when the rule-making
authority delegates either to itself or to some other subordinate agency a further power to issue
rules or directions or other instruments of a legislative character.27

REASONS BEHIND DELEGATED LEGISLATIONThe importance of delegated legislation is well recognized. But the opposition to it is also huge
but it is backed by endless need. Though the need or reasons behind delegated legislation cannot
be counted but the main reasons can be pointed out. Some of them are as follows

Due to Legislatures- Lack of time, less knowledge of subject matter and volume of
work with legislatures- legislature is busy in dealing with endless subject matters so it is
not possible for them to shape legislative details of every legislation. As they are
technical in nature and administration expertise is required to deal with them. Further due
to increasing complexity in nature of activities performed by government, legislation is
overburdened with policy making. In order to reduce the burden it has been suggested
that legislature can use the technique of delegate legislation to reduce burden on its
shoulders.

Technical Problems- Economic and Environmental ProblemsThe changing global economic environment has to be kept in mind in the era of
globalization, so that international business can benefit the interests of country. For this it
has to make necessary and continuous changes to rules and regulations so that they can

27Indian Law Institute: Delegated Legislation in India, 1964, p. 31

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match the global standards. Further it is well recognised that stable political economic
and cultural environment do not require radical changes in rules and regulations. On the
contrary, unstable conditions demand immediate and rapid changes. This can be done
only through the process of delegated legislation. Further, socio-economic teams being
experimental in Initial stages and practical difficulties at stage of implementation cannot
be foreseen.

International Community- The delegated legislation is an effective instrument to bring

about changes in domestic rules and regulations in accordance with changes that are
taking place at global level. For ex., if a country signs a bilateral or a multilateral treaty,
the provisions of treaty should be incorporated in domestic laws. They do not require
legislative approval because legislature already passed those treaties at policy level.

CONTROL OVER DELEGATED LEGISLATIONREASONS BEHIND THE CONTROL

The legislative wing of government is elected by masses to make laws, but as delegated
legislation is not made by Parliament, therefore the delegated legislations are required to be
controlled.28 This is the major problem behind the delegated legislation and therefore control
over it is necessary. This means that the public is not able to elect those making legislation, as
they are with Parliament, and thus those making delegated legislation are not accountable to the
people, so delegated legislation can seem undemocratic and a particular problem if it is used for
more important policies, and not simply administrative rules.
Apart from this there are many other problems like sub-delegation is another problem with
delegated legislation, as the creation of the legislation is delegated further. For example
government minister is originally given the power to make delegated legislation by the enabling
act, further delegate it to civil servants within the department, such delegation is required to be
28Schtze, Robert ,DelegatedLegislation in the (new) European Union: A Constitutional
Analysis, The Modern Law Review, (2011).
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under check.29 This means power is taken even further from those elected and continues to make
delegated legislation appear undemocratic and in need of strict controls.
Further the next point in queue is that delegated legislation is generally made privately, rather
than being debated as parliamentary legislation is, and thus, although the enabling act may
require some public consultation, delegated legislation could be seen as much less open and
publicised than statutes.30
so we can make out that the delegated legislations are not under any check and therefore strick
control over them is necessary.

TYPES OF CONTROL OVER THE DELEGATED LEGISLATION31

1. Procedural Control
Parliamentary control over administrative rule is admittedly weak because the legislators are
sometimes innocent of legal skills. A constant search therefore is on for an alternative
mechanism which besides providing an effective vigil over administrative rule making can
guarantee effective people participation for netter social communication, acceptance and
effectively of the rules. Procedural control mechanism has the potential to meet the above noted
requirements for allowing specific audit of rules by those for whose consumption they are made.
Procedural control mechanism operates in four components: a) Drafting b) Antenatal Publicity c)
Consultation d) Postnatal publicity.
2. Judicial Control

29Ibid.
30 Ibid.
31 I.P. Massey, Administrative Law, 8thEdn., (Eastern Book Company, Lucknow, 2012), p 123.
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In India the judicial review of administrative rule making is subject to the normal rules
governing the review of administration action. This judicial review of administrative rule making
cannot be foreclosed in any manner by the enabling act. In State of Kerala v. K.M.C. Abdullah &
Co.32 The Honble Apec Court of India held that such a phrase as shall not be called in question
in any court in the enabling act is not valid. In the same manner in General Officer
Commanding-in-Chief v. Subash Chandra Yadav,33 the Honble Supreme Court of India held that
an Act providing that rules made there under on publication in official gazette would be as if
enacted in the Act, cannot take away judicial review. Grounds of invalidity may arise on the
following counts:a) That the Enabling Act is Ultra-vires the Constitution) The Administration
Legislation is ultra-vires the Constitution) That the Administrative Legislation is ultra-vires the
Enabling Act.

3. Parliamentary Control
Every delegate is subject to the authority and control of the principal and the exercise of
delegated power can always be directed, corrected or cancelled by the principal. 34 Hence
parliament control over delegated legislation should be living continuity as a constitutional
necessity. The fact is that due to the broad delegation of legislative powers and the generalized
standard control also being broad, the judicial control has shrunk, raising the desirability and the
necessity of parliamentary control.
4. Direct General Control35
32 1965 AIR 1585
33 1988 AIR 876
34 Supra note 16, p.114.
35 Supra note 16, P. 115.
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Following are the situations of the direct general control.

a. Through debate on the act which contains delegation. Members may discuss anything
about the delegation including necessity, extent, type of delegation and authority to whom
power is delegated.
b. Through question and notices. Any member may ask questions on any aspect of
delegation of legislative power and if dissatisfied can give notice for discussion under
Rule 59 of the Procedural and Control of Business in Lok Sabha Rules.36
c. Through moving resolution and notice in the house, any member may move resolution on
the motion, if the matter regarding delegation of power is urgent and immediate, and
reply of the government is unsatisfactory.
d. Through vote on the grant. Whenever the budget demands of a minister are presented any
member may propose a cut and thereby bring the exercise of rulemaking power by that
minister under power.
e. Through a private members Bill seeking modification in the parent Act or through a
debate at the time of the discussion on the address by the President to the joint session of
the Parliament, member may discuss delegation but a rare chance of it.

5. Direct Special Control37

This control mechanism is exercised through the technique of laying on the table of the House
rules and the regulations framed by the administrative authority.
Laying of Orders on the Table

36 http://parliamentofindia.nic.in/ls/rules/rules.html.
37 Supra Note 16, p. 120.
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Where any order framed in pursuance of the Constitution or of the legislative functions delegated
by an Act of Parliament to subordinate authority is required to be laid on the Table for a period
specified in this behalf in the Constitution or the relevant statute, this specified period has to be
completed before the Lok Sabha is adjourned sine die and later prorogued, unless otherwise
provided in the Constitution or the relevant statute. If the specified period is not so completed,
the order is required to be re-laid in the succeeding session or sessions until the said period is
completed in one session.38
All notifications containing these rules, regulations, etc. are required to be laid on the Table
within a period of fifteen days after their publication in the Gazette, if the Lok Sabha is in
session. If it is not in session, they are to be laid on the Table as soon as possible, but in any case
within fifteen days of the commencement of the next session.39
A notification once issued under an Act which contains provision for its being laid on the Table
has to be so laid. It cannot be withheld merely on the ground that it is to be amended and will be
laid on the Table in the amended form. In such cases, both copies have to be laid. 40Whenever
there is undue delay in laying a notification on the Table, the Minister concerned is required to
lay on the Table along with the notification, a statement giving reasons for such delay. However,
in exceptional circumstances, such statement may be laid afterwards.41

38Rule 234.For details re.re-laying of rules, etc. see Chapter XXXIVPapers Laid on the Table and Custody of
Papers. The Committee on Subordinate Legislation in their Second Report (5th Lok Sabha) approved a laying
formula for incorporation in all Bills providing for delegation of legislative power. According to this formula, every
rule made by the Union Government under an Act shall be laid as soon as may be after it is made, before each House
of Parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; however, any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.

392R (CSL-2LS), para 72.

40L.S. Deb.,17-11-1959, c. 345.
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Normally orders are laid on the Table only after they have been notified in the Gazette. An
exception has, however, been made in a case where there was no provision in the Constitution
about orders being notified in the Gazette and the ground of security was pleaded by the
Minister as an argument for not publishing notification.42
Modification of Orders
After an order is laid on the Table, any member may give notice of his intention to move a
motion or motions for modification of that order. Modification used in this and subsequent
paragraphs of this Chapter includes amendment of the orders.43
Even if the statute under which certain rules or regulations have been framed does not provide
for their laying on the Table or for their modification by Parliament, the Lok Sabha has the
inherent power to recommend modification to such statutory rules after they are laid on the Table
by Government whether in compliance with a demand from the House or in reply to a question
or suomotu and a member is entitled to give notice of amendments for their modification.44

41On 10 May 1973, when the Iron and Steel (Control) Amendment Order, 1973, published in Gazette, dated 12
April 1973, was laid on the Table, a member raised a point of order regarding delay in laying the order on the Table
and demanded that the Minister should explain reasons for delay. The Deputy Speaker observed that as
recommended by the Committee on Subordinate Legislation, all statutory rules and orders should be laid on the
Table within 15 days of their publication and as there was delay in the present case, a statement regarding delay
should be laid as soon as possible. The statement explaining reasons for delay was accordingly laid on the Table on
11 May 1973. The Examination of Masters and Mates (Amendment) Rules, 1973, published in the Gazette, dated 17
March 1973, were laid on the Table on 14 May 1973. A statement explaining the reasons for delay was laid on the
Table on 16 May 1973.

42For example, on 25 August 1970, the Cabinet Secretariat forwarded copies of the UPSC (Exemption from
Consultation) Supply Regulations, 1970 framed under Proviso to art. 320(3) of the Constitution for being laid on the
Table under art. 320(5) thereof. On enquiry regarding, date of publication of notification in the Gazette and
application of Rule 319, the Ministry stated that on considerations of security it was not desirable to publish
regulations in Gazette and there was also no provision in art. 320 for the publication of regulations in the Gazette. In
view of the reasons given by the Cabinet Secretariat, the said regulations were laid on the Table on 28 August 1970,
without their being published in the Gazette as required under Rule 319.

43 Supra Note 51.

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Notices of motions are given in writing and, after being admitted by the Speaker, are published
in the Bulletin.45 A copy of the admitted motion is sent to the Minister concerned and the
Minister of Parliamentary Affairs and the item is included in the List of Business for a suitable
date.
In case several notices of motions are given, texts of admitted motions may be circulated to
members in one or more lists of motions in the same way as lists of amendments to a Bill and the
texts of these motions may not be published in theBulletin and included in the List of Business.46
Where the Constitution or the parent Act provides that the orders framed thereunder are to be laid
on the Table for a specified period and will be subject to such modification as Parliament may
make,47 the motion in the Lok Sabha consists of two parts, the first part being a resolution of the
House and the second part a recommendation to the Rajya Sabha to concur in the resolution.
Where, however, the Constitution or the parent Act simply provides that the orders framed there
under are to be laid on the Table, that is, it does not provide for their modification, the motion is
admitted in the form of a recommendation to the Government.

44Notice of amendment to the regulations laid on the Table under art. 320(5) need not necessarily be given within
fourteen daysthe period for which the regulations are to be so laid but can be given at any time before the end of
the session in which they are laid on the Table.

45The practice of publication in the Bulletin was started with effect from the Tenth Session of the Second Lok
Sabha [vide Bulletin (II), 26-4-1960]. Prior to that, it was the practice to circulate the admitted motions separately,
like amendments to Bills, resolutions, etc.

46During the Twelfth Session of the Fourth Lok Sabha, several notices of motions for modifications of the
Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, were received from members. In
the first instance, some of the admitted motions were published in the Bulletin and texts of admitted motions were
reproduced in full in the advance List of Business for9 December 1970. Later, it was decided that texts of motions
should not be reproduced in full in the List of Business and that a brief entry should be included in the List of
Business. Accordingly, all motions which were earlier admitted and published in the Bulletin and also motions
received and admitted later were circulated to members, etc. in separate lists of motions.

47For example, see art. 320(5); sec. 40(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954;
sec. 28(3) of the Representation of the People Act, 1950; and section 28(3) of the Railway Protection Force Act,
1957.

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ALLOTMENT OF TIME FOR DISCUSSION AND MOVING OF MOTIONS

Where a statute provides that the orders shall be subject to modification by Parliament,
Government is bound to find time for discussion of the motion, if notice of a motion for their
modification is admitted. Where there is no such provision in the statute and notice of a motion
for modification of the orders is admitted, Government is not bound to find time for discussion
of the motion but time is generally made available.
At the appropriate time on being called by the Chair, the member concerned moves the motion
standing in his name, for modification of the orders. The mover of the motion has the right of
reply.When there is a provision in an Act that the rules made thereunder are not to come into
force until they have been approved, with or without modification by the Lok Sabha, 48 it is the
responsibility of Government, to move a resolution for the approval of such rules, soon after
these rules are laid on the Table. Where an Act provides that draft rules or regulations framed by
the Government would be subject to modification by the Lok Sabha or both Houses of
Parliament within a specified period,49 the rules or the regulations can be promulgated only after
the stipulated period, either as framed or with such modifications as are agreed to by the Lok
Sabha or both Houses of Parliament, as the case may be.
In one instance, motions for modification of certain orders (which under the provisions of the
Constitution were subject to modification by both Houses of Parliament during the session in
which they had been laid on the Table) were, due to want of time, allowed to be discussed in the
following session, and one of the motions as amended was adopted in the form of a resolution of
the House.50

48See for example, sec. 7 of the Mines and Minerals (Regulation and Development) Act, 1957 andsec. 11(1) of the
Salaries and Allowances of Ministers Act, 1952.For the form of motion, seeL.S.Deb., 31-8-1956, cc. 5045-46.

49Sec. 20(2) of the Estate Duty Act, 1953 and sec. 620(1) of the Companies Act, 1956.
50L.S. Deb., 27-9-1958, cc. 9037-47; 18-11-1958, cc. 299 and 314-18.
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A combined debate can be held on two motions for amendment of two different orders, provided
the motions deal with allied matter. Motions for modification of orders, which are moved in the
House but discussion thereon is not concluded, lapse upon dissolution of the House.
Transmission of Amendments As Adopted By The Lok Sabha, To The Rajya Sabha And The
Minister Concerned
In case an order is subject to modification by Parliament and any amendment is adopted by the
Lok Sabha, it is transmitted to the Rajya Sabha for its concurrence and on receipt of a message
from the Rajya Sabha agreeing to the amendment, it is forwarded by the Secretariat to the
Minister concerned.51
If the Rajya Sabha disagrees with the amendment passed by the Lok Sabha or agrees subject to a
further amendment thereof or proposes an amendment in substitution thereof, the Lok Sabha may
either drop the amendment or agree with the Rajya Sabha in the proposed amendment or insist
on the original amendment passed by the House. A message in each case is sent to the Rajya
Sabha. In case the Lok Sabha agrees to the amendment as further amended by the Rajya Sabha,
the amendment is forwarded by the Secretariat to the Minister concerned.52
If the Rajya Sabha agrees to the original amendment passed by the Lok Sabha, it is sent by the
Secretariat to the Minister concerned but if the Rajya Sabha disagrees or insists on an
amendment to which the Lok Sabha has not agreed, the Houses are deemed to have finally
disagreed and all further proceedings thereon are dropped.53
If an order is modified in accordance with the amendment passed by the Houses, the amended
order has to be laid on the Table.54Where, however, the order is not subject to modification by

51Rule 236.
52Rule 237.
53Rule 238. There has been no such case since the coming into force of the Constitution.
54Rule 239.
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Parliament, the amendment adopted by the Lok Sabha is forwarded direct to the Minister
concerned.

6. Indirect Control55
This control is exercised by Parliament Through its committees. In 1950, the Law Minister made
a suggestion for the establishment of a committee of the house on the pattern of the Select
Committee on Statutory Instrument, 1994, to examine delegated legislation and bring to the
notice of the House whether administrative rule-rule making has exceeded intention of the
parliament or has departed from it or has affected any fundamental norms or principle.Such
Committee is known as the Committee on sub-ordinate legislation of Lok Sabha was appointed
on December 1, 1953. It is consisted of 15 members nominated by the Speaker for a period of 1
year and one of them is appointed as chairman of the committee. The power of the Committee is
much wider than the its counterpart.

According to Rule 223 the main function of the committee shall be to examine:
1. Whetherthe rules are in accordance with the general object of the Act.
2. Whether the rules contain any matter which could more properly be dealt with in the Act.
3. Whether it contain imposition of the tax.
4. Whether it is retrospective
5. Whether it directly or indirectly bars the jurisdiction of the court.
6. Whether it involves expenditure from Consolidated Fund.
7. Whether there has been unjustified delay in its publication or laying.
55 Supra Note 51.
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8. Whether for any reason, it requires any further elucidation.

This committee has, between 1953 and 1961, scrutinized about 5300 orders and rules and has
submitted 19 Reports. There is also similar committee of the Rajya Sabha which was constituted
in 1964.it discharges functions similar to the Lok Sabha committees. The Committee on the subordinate Legislation made many recommendations in order to streamline the process delegated
legislation in India.

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CONCLUSIONAfter elaborated discussion on the subject matter we can conclude it by accepting its necessity.
Delegated legislation is necessary for many reasons; allowing faster, more specific or technical
legislation to be created, where it would not be possible with insufficient parliamentary time and
relevant knowledge. However, delegated legislation needs to be controlled as it is created more
privately than statutes, and with the risk of sub-delegation and abuse of power, by non-elected
bodies or individuals. The present controls over delegated legislation, although reasonably
effective have their disadvantages, most being limited in their controls; enabling acts can allow
very wide powers, affirmative resolutions do not allow for amendments, negative resolutions do
not always allow for opposition or unease to be expressed, the Scrutiny Committee's reports are
not always considered, and the courts can only look into delegated legislation if an affected
individual challenges it. As a result, although controls are reasonably effective, delegated
legislation could be considered inadequately controlled, with no real parliamentary inspection,
except for the small number of statutory instruments subject to positive resolution. Since
delegated legislation is in many ways undemocratic and less public than statutes, it needs tighter
controls to prevent possible abuse of power.
Parliamentary control is, however, not effective. Wade says: One of the features of the
20thcentury has been a shift of the constitutional centre of gravity, away from the Parliament and
towards the executive. Mr. Lloyd George once said: Parliament has really no control over the
executive; it is a pure fiction. The accusation against the House of Common at the present time
is that it allows Government department to do something, without knowing what is being done.56

56 Lord Hemingford cited by Jois: Delegated Legislation, 1982, 1p. 150.

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Prof. Ramsay Muir states: there is no country in the north-western Europe in which the control
exercised by the parliament over the government over legislation, taxation and administration
is more shadowy and unreal than it is in Britain, Parliament is no longer, in any real sense, the
sovereign power.57

BIBLIOGRAPHYBooks and Articles:

I.P. Massey, Administrative Law, 8thEdn., (Eastern Book Company, Lucknow, 2012)
M. P. Jain and S. N. Jain, Principles of Administrative Law, 6thEdn.,(Lexis Nexis

Butterworths Wadhwa, Nagpur, 2011)

M. P. Jain, Treatise on Administrative Law, 4thEdn.(Lexis Nexis Butterworths

Wadhwa, Nagpur, 1996)

Sir W. Wade, Administrative Law, 8thEdn., (Universal Law Publishing Co. Pvt. Ltd.,

2000)
John Salmond, Jurisprudence, 9th Edn, (London, Sweet and Maxwell Limited, 1937)
S. A. de Smith, Constitutional and Administrative Law, 3rd Edn., (New York: Penguin

Books, 1977)
Taggart, Michael,

From 'parliamentary powers' to privatization: The chequered

history of delegated legislation in the twentieth century, University of Toronto Law

Journal (2005)
Warren, Kenneth F, Administrative law in the political system, Westview Press,
(2004)

Electronic Data Resources

Lok Sabha and Rajya Sabha Materials of Debate online.

57 Cited by Jois (ibid), p. 146

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