S. Ashok Kumar, Assistant Professor (Law), Dr. Ambedkar Government Law College
Abstract
From the times of Monarchy till now the emergence of Democracy, the existence of the role of administrative authorities and their delegated powers in taking decisions is undeniable. The Decision-making power of the authorities was uncontrolled and unquestioned most in history because of the trust and closeness they preserved with the Monarch. Even though Monarchs are placed above all in the administrative hierarchy, in the reality of several kingdoms, the feudal lords, ministers and autocrats have their dominance in administrative decisions. After the emergence of Democratic and Communalist Ideologies, even though the mode of electing representatives and mode of administration has changed, the role of bureaucrats still has its dominance in the administrative sphere of Government. Supremacy in this Article refers to the dominative authority in any given power or the exercise of powers in governmental duties and administration. Since the doctrine of rule of law is the basis of any constitutional authority, Law is supreme in the administration. Sometimes, Law making power is delegated to the executive branch of Government and there is possibility of ultra vires exercise of law-making power by them which may result in public grievance. So, control over the Delegated legislation is placed by Legislative control and Judicial control with certain procedural restrictions. Even though such control is placed on the law-making power of the administrative authorities, those control mechanisms are with limited scope to control dominance of administrative agencies. The Judicial control over the administrative rule-making power of executive authorities is only brought to notice of the judiciary only if an aggrieved approaches the court. The Legislative control also is not significant due to several reasons like burden of administration, lack of technical expertise, difficulty faced is unidentified before execution, etc., There are several cases where the delegated legislation was enacted or ordered ultra vires, which are beyond the control of legislature until it is brought before Judiciary. This Article deals with the supremacy of the administrative authorities in their law-making power through delegated legislation. This Article is limited with the role of administrative or executive authority’s role in delegated legislation, exercised through Parent Act before the intervention of judiciary in controlling ultra vires actions of the bureaucrats of the Government.
