Control on Delegated Legislation means that the laws made by any subordinate authority to whom the power is delegated, will have to follow certain rules and follow certain procedures compulsorily in order to make the delegated laws enforceable and valid in the eyes of law.
Procedural Control - Involves drafting which means that the language shall be simple it should be clear it should not be complicated and it should be ensured that the public forum who is going to read the legislation understands it easily. There should be prior consultation with the groups who will be affected by such rules or by such clauses. There should be proper publication in the official gazette and it should be provided in the local newspaper in the vernacular language so that people understand and this is the control.
In the case of Govindlal Chagan Lal Patel,
Gujarat government made an act to regulate Agriculture Act. There were specific fruits and vegetables which shall be regulated and a license would be required to buy or sell them. Under section 5 the area and vegetables regulated shall be done by the inspector. He will have to give notification in paper and his intention and the list shall be provided, in vernacular language. Time of one month shall be given to the public. Final list after approval in section 6.
Ginger was also added later. The public was not aware of this as notification was not published. Govind Lal bought ginger without a license and was prosecuted. The Supreme Court held that section 6(1) declared that everything had to be published in an official gazette newspaper which was not followed. Participation of people is required which is compulsory. Govind Lal was acquitted as requirements were not fulfilled by the government.
Parliamentary control- Under this the principal importance of laying is emphasized. The draft or the delegated clause/act is laid before the Parliament. Parliamentary control involves direct general control and special and direct special control.
1. Direct Special Control- Direct special control can be done by laying, which means informing the houses. There are four types of laying-
a. Laying with no further direction which means that there shall be simple laying the purpose for the same is to inform the houses that a change has been made in the clause.
b. Laying subject to negative resolution where the houses of the parliament can refuse the delegated legislation. If they do not refuse, it shall continue.
c. Laying subject to affirmative resolution this is mandatory in nature. The delegated legislation shall be passed only when it is affirmed by the houses.
d. Laying in draft subject to negative resolution in this the draft is kept with parliament houses till 30 days, if not disproved then comes in force. However, later the houses can cancel the resolution.
2. Indirect Control- There are committees of Lok Sabha and Rajya Sabha who check whether the act made by the delegated authority is not against the principle of natural justice, whether the act or the clause is derogatory to the purpose.
Laying can be both mandatory or directory. In case of directory it is on their discretion, however in case of mandatory, laying will have to be done in order to be approved.
In the case of Atlas Cycle Industries v. State of Haryana,
The Atlas Cycle Industry was selling plain iron sheets of prime quality at rates higher than what was decided by the court as per the order given in Essential Commodities Act and therefore they were prosecuted.
The appellants contended that as per section 7 of the Act, a new order should have been placed before the Parliament for laying as soon as it was made and since it was not made it would be in violation of article 14.
The court said that as per the definition of section 3(6) of Essential Commodities Act it is said that as soon as every order that is made it shall be laid before the houses, however the word shall is not conclusion and decisive therefore the real intention and of the legislation should be seen. Hence the notification of fixing the prices of the plain iron sheet was constitutional and valid, hence the arrest was correct.
Also read- What is Delegated Legislation?
0 Comments