The Doctrine Of Legislative Laying: Analyzing The Procedural Validity And Constitutional Accountability Of Delegated Legislation
- IJLLR Journal
- Mar 4
- 2 min read
Updated: 6 days ago
Nitin Sangra & Surya Kapoor, Advocates, Supreme Court of India
ABSTRACT
This Article seek to unravel the legal debate surrounding the consequences of non-compliance with statutory laying requirements in delegated legislation in five (5) parts: Part I provides a brief Introduction to delegated legislation and its purpose in the overall constitutional scheme; Part II gives a taxonomy of the laying procedures as established by scholars and judicial precedents; Part III delves into the judicial perspectives on the nature of the laying clauses as well as the standard of review established by Courts in India; Part IV highlights the issues surrounding the temporal mandate and the consequence of efflux of time; and finally Part V summarizes the conclusions.
1. Introduction
Parliament and the State Legislatures are entrusted with the power to enact legislation under Articles 245 and 246 of the Constitution. Parliament and the State Legislatures possess the plenary power to enact legislation, with prospective and retrospective effect, subject to due observance of constitutional requirements. In the contemporary legal landscape, the complexity of governance has necessitated a shift toward delegated legislation.
As the Parliament and the State Legislatures lack the time and technical expertise to address every minute detail concerning administration, the power to frame rules, regulations, notifications, etc are frequently devolved to the executive branch. This practice, while functionally indispensable, poses a perennial challenge to the principle of legislative supremacy.
Central to our constitutional fabric is the principle of Separation of Powers which has been held to constitute the basis structure of the Constitution. The principle of Separation of Powers includes within its folds the principle of legislative oversight, which ensures that the executive remains accountable to the elected representatives of the people.
