1. Core Legal Answer & Context: Delegated legislation refers to laws made by executive authorities or subordinate bodies (like government departments, statutory bodies, or local authorities) under the powers conferred upon them by a primary (parent) Act of Parliament or State Legislature. This practice is essential in modern governance due to the complexity, technical nature, and sheer volume of legislation required. However, to prevent abuse of this delegated power, the judiciary exercises control to ensure that the delegate acts within the boundaries set by the parent Act and the Constitution. This control is primarily exercised through the doctrine of ultra vires (beyond powers).

Modes of Judicial Control: Judicial control over delegated legislation can be broadly categorized into two main types:

• Substantive Ultra Vires: This occurs when the delegated legislation goes beyond the scope or purpose of the power conferred by the parent Act or violates constitutional provisions. Grounds for substantive ultra vires include:

  • Parent Act Ultra Vires: The delegated legislation is inconsistent with, or goes beyond, the provisions of the enabling (parent) Act.
  • Constitutional Ultra Vires: The delegated legislation violates any provision of the Constitution, particularly Fundamental Rights (e.g., Article 14, 19, 21).
  • Unreasonableness/Arbitrariness: If the delegated legislation is manifestly arbitrary, discriminatory, or so unreasonable that no reasonable authority could have made it. This is often linked to Article 14 (equality).
  • Mala Fides: If the delegated legislation is made with dishonest intention, for an ulterior motive, or in bad faith.
  • Exclusion of Judicial Review: If the delegated legislation attempts to exclude judicial review, it may be struck down as unconstitutional.

• Procedural Ultra Vires: This arises when the delegate fails to follow the mandatory procedures prescribed by the parent Act for making the delegated legislation. Such procedures might include:

  • Consultation: Requirement to consult specific bodies or persons before making rules.
  • Publication: Requirement to publish the rules in the official gazette.
  • Laying before Legislature: Requirement to lay the rules before Parliament or State Legislature for approval or scrutiny.
  • Prior Sanction: Obtaining prior sanction from a higher authority.

2. Relevant Statutes and Sections:

• Articles 13, 32, 226, 227 of the Indian Constitution: These articles empower the Supreme Court and High Courts to review the legality and constitutionality of laws, including delegated legislation.
• General Clauses Act, 1897: Provides rules for the interpretation of statutes and delegated legislation.

3. Important Landmark Cases:

• Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985): The Supreme Court held that delegated legislation can be challenged on grounds of unreasonableness, arbitrariness, or violation of fundamental rights. It emphasized that delegated legislation must be in conformity with the parent Act and the Constitution. The Court stated that delegated legislation can be struck down if it is 'manifestly arbitrary' or 'unreasonable'.
• Dwarka Prasad Laxmi Narain v. State of Uttar Pradesh (1954): The Supreme Court struck down a delegated legislation that conferred arbitrary and unguided power on an executive authority to grant or refuse licenses, holding it to be violative of Article 14 (equality) and Article 19(1)(g) (freedom to practice any profession or carry on any occupation, trade or business).
• State of Rajasthan v. Union of India (1977): Reaffirmed that delegated legislation must not be arbitrary or unreasonable and must adhere to the principles of natural justice where applicable.

4. Clear Conclusion: Judicial control over delegated legislation is a critical mechanism to uphold the rule of law and prevent the executive from overstepping its authority. By applying the doctrine of ultra vires (both substantive and procedural), courts ensure that delegated legislation remains within the confines of the enabling Act and the overarching framework of the Constitution, thereby safeguarding citizens' rights and maintaining the balance of power among the different branches of government.