Control over Delegated Legislation & Administrative Directions — KSLU Administrative Law Notes
Control over Delegated Legislation & Administrative Directions
| Mode of Control | How it operates |
|---|---|
| Parliamentary | Laying procedures (laying with negative/affirmative resolution); scrutiny by the Committee on Subordinate Legislation |
| Procedural | Pre-publication & consultation, publication in the Official Gazette (mandatory where the parent Act so requires — Govindlal v. Agricultural Produce Market Committee) |
| Judicial | Rule struck down if the parent Act is unconstitutional, or the rule is ultra vires the Act, unconstitutional, unreasonable/arbitrary, made in bad faith, or in breach of mandatory procedure |
Sub-delegation is governed by the maxim delegatus non potest delegare — a delegate cannot further delegate unless the parent Act expressly or by necessary implication permits it. Administrative directions are instructions issued by superiors to guide discretion; they are generally not enforceable in law and confer no legal right (being non-statutory), unless they are issued under a statutory power or have acquired the force of law.