Notifications, circulars, orders, notices etc.
P.C. Joshi
(Querist) 29 August 2010
This query is : Resolved
Dear friends,
Any legislation or act is passed by the Parliament or a State Legislature alongwith rules,regulations thereto.
But apart from the act,rules,regulations, in fiscal laws mostly there are host of circulars,notifications,notices,orders etc. I just want to know what is the legal validity of the Notifications,ciculars,notices orders issued subsequent to the passing of an act. An act is a creating of supreme authority i.e. the parliament or the state legislature. How can a notification or circlua supercede the same.
Can any one please through some light on this matter.
Regards
P.c. Joshi
s.subramanian
(Expert) 29 August 2010
The circulars,notifications and the other aspects you have referred to in your query are called as delegated legislations or subordinate legislations under Administrative Law.They have to subserve the Principal legislation which is the main Act itself.They cannot be against the Main legislation under which they are brought and they can never overrule the main legislation which is supreme. If they have the effect of overruling the main Act,they will be ultra vires and uncostitutional.
Rohtash Babu Patel
(Expert) 31 August 2010
they are called as delegated legislation and if these circulars are contrary to main act then they will be declared ultra vires
