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PPT8

The document discusses judicial control over delegated legislation in India. It notes that the judiciary exercises effective control and has wider grounds for judicial review compared to England. Delegated legislation can be declared ultra vires if inconsistent with the parent act or constitution. The grounds for judicial review include illegality, irrationality, and procedural impropriety. Judicial review is available through writ petitions and other remedies.

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62 views22 pages

PPT8

The document discusses judicial control over delegated legislation in India. It notes that the judiciary exercises effective control and has wider grounds for judicial review compared to England. Delegated legislation can be declared ultra vires if inconsistent with the parent act or constitution. The grounds for judicial review include illegality, irrationality, and procedural impropriety. Judicial review is available through writ petitions and other remedies.

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JUDICIAL

CONTROL
 Delegated Legislation must not go beyond the reach of
Judicial review of Supreme Court or High Court.
 Judiciary exercises effective control over delegated legislation.
 The grounds which are available for judicial review are much
wider than the grounds in England.
 When the act is found to be inconsistent with parent act or any
of the provision of the Constitution, it can be declared ultra
vires.
Invalidity may be arise on the basis of-
 The enabling Act being Constitutional.
 The subordinate legislation violating the Constitution.
 The subordinate legislation being ultra vires delegating
legislation.
 Doctrine of Ultra Vires
 Substantive
 Procedural

When Parent Act is ultra vires the constitution


-Express Constitutional Limits
-Constitutional Rights
Where delegated legislation ultra vires the constitution
-arbitrary power ultra vires the constitution-
Labh Chandtra v. State of Bihar
Pandurang v. State of AP
HimmatLal v. Comm. Of Police
•Theory of Derivative Immunity- Vasanbhai Maganbhai v. State of
Bombay.
Where Act is protected under 9th schedule.

Where Delegated Legislation ultra vires parent Act-


 Excess of power conferred by the parent act.
 Delegated legislation in conflict of parent act.
 In conflict of procedure of parent Act.
 Mala fide.
 Unreasonableness.
JUDICIAL REVIEW
Once, administrative action found to be intra vires the scope
of judicial review becomes limited because court cannot
substitute its own views. The grounds of judicial review
 Illegality
 Irrationality
 Procedural Impropriety
REVIEW-
 Writs- habeas corpus, mandamus, prohibition, quo-warranto and
certiorari.

 Delay and Laches


 Alternative Relief
 Res Judicata
 Anticipatory Relief

 Appeals
 Reference to Courts
 Injunction
 Declaration
 Suit for Damages for tortuous actions
 Breach of contracts
 Violation of Procedural Norms-Bank of Patiala v. S.K.
Sharma, 1996.
 Legitimate Expectation- Navjyoti Corporation Group
Housing Society v. UOI.
 Delhi Development v. Skipper Construction.
AVAILABILITY OF JUDICIAL REVIEW
Who may apply-
 Class standing
 Public Juries Standing
 Public duties standing
 Public Concern standing

REQUIREMENTS
Whether a decision making authority exercised its power?
 Whether the authority has committed an error of law where
the supreme court has laid down that the scope of judicial
review is limited to- unreasonableness, illegality and
procedural impropriety?
 Whether the authority has committed a breach of the
principles of natural justice?
 Whether the authority has reached a decision which no
reasonable person can reach?
 Abuse of power
I.E.
 Illegality
 Irrationality
 Procedural Impropriety
 Proportionality
 Unreasonableness
PROCEDURAL
REQUIREMENT
 Legality
 Rationality
 Procedural propriety
POWERS AND DUTIES
 Real Kernel of the democracy lies in the Courts enjoying the
ultimate authority to restrain the exercise of absolute and
arbitrary power.
 The absence of some kind of judicial power to control
administrative agencies, there is a danger that they may
commit excesses and degenerate into arbitrary bodies.
 Judicial Review is not an unguided missile.

 In Federation of Railway Officers Association v. UOI, Court


will not interfere unless government policy is inconsistent with
the Constitution or arbitrary.
 UOI v. Lt. Rajendra Singh, when administrative actions have
nexus to the fact of record, the same cannot attack on merits.
 Power of the court depends on that all the powers must be
exercised within the ambit of law.

 Mechanism of Control-
 SLP
 Supervisory jurisdiction
 Extraordinary and ordinary remedies
LIMITATION OF THE POWER OF JUDICIAL
REVIEW-

By making administrative actions by introducing finality


clause in the Act.
Procedural safeguard as embodied in Natural Justice-
Pratap Singh v. State of Punjab.
Constitutional Safeguards
PROCEDURE TO FILE
COMPLAINS-
 Writs
 Appeals
 References
 Injunctions
 Declarations
 Suits for Damages
 Breach of Contracts
CONTROL BY THE EXECUTIVE-POWER OF CONTROL
DERIVE FROM POWER OF THE REMOVAL
 President is the head of the executives Article 53 of the
Constitution.
 Various members of the commissions and commitees are
appointed by the president and can be on their post at the
pleasure of the president
 See Article 315, 324, 338, 338-A, 148
 Executive powers have been vested by statute in numerous
public bodies and officers-in heads of departments, in
regulatory agencies, and in a host of inferior officers, ranging
from chiefs of bureaus to inspectors and collectors.
 Each of these may appear to be master of his powers.
 Are they by law, however, independent in the exercise of their
statutory powers, or do they remain subject to the direction
and supervision of their superior officers?
 It is a proverbial principle that no administration may properly
serve its purpose if it is not governed by the principle of
hierarchical control.
 Professor Wyman said that "An administration is a hierarchy.“
 This is not only a statement of fact but also a declaration of
policy. There is near unanimity among students of public
administration that hierarchical control is essential to both
efficiency and democracy.
 The principle of independence of subordinate officers-the
antithesis of a strong and efficient government-is now widely
rejected as undesirable.
 The first to reject it were the presidents. They strove vigorously
to establish their right to control the heads of the departments
and, through them, other subordinate officers.
 The understanding and the cooperation of Parliament and the
courts were soon forthcoming.
 By the combined action of the three branches of government the
principle of superior control became firmly rooted in the second
half of the nineteenth century.
 The recognition of the presidential power of removal, the
granting by statute of the power of control to superior officers,
and the statutory concentration of powers in heads of
departments have contributed to this continuing development.
 The effectiveness of the removal power is enhanced
by its decentralization. The power may generally be
delegated by the President and the department
heads, and then re-delegated, so that it may
ultimately rest with superior officers at a
comparatively low level. The power to remove
generally assures that a subordinate will comply
with his superior's instructions, whether they
concern an act to be done or a modification or a
revocation of an act already completed. The power
of removal in practice, therefore, is normally
equivalent to the power of direction.

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