Delegated legislation
Y.C.Pandya
(Querist) 31 October 2009
This query is : Resolved
Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.
Now the problem is how far can the authority go in to legislating further on certain points?
Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?
In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?
Raj Kumar Makkad
(Expert) 31 October 2009
No law/rule/order/legislation etc. should violate the basic sense of Indian Constitution and public money should also not be wasted and no popular schemes vide which sense of the constitution affect should be formulated by any govt. but this seems only in the theory and practically this basic provision is openly violated by all political parties and ruling person. Unfortunately this trend is visible due to democracy which is based upon public mandate and section of public are lured by making such provisions which are basically against the aim and object of constitution. The only remedy is law. Affected person or say thoughtful person should challenge such provisions/orders before HC or SC.
yogesh
(Expert) 31 October 2009
It should not violate the basic features of the constitution
Sachin Bhatia
(Expert) 31 October 2009
agree with the above opinions
niranjan
(Expert) 31 October 2009
I agree.There are Judgments which say that the GRs cannot take place of law and GRs which are against the law, can be challenged.
