Judicial Control over Delegated Legislation — Administrative Law Notes

Judicial Control over Delegated Legislation

A rule made by a Minister is not the last word. The moment it hurts a citizen, they can carry it to the High Court and say, “show me the power.” If the Minister cannot trace the rule back to the parent Act and the Constitution, the court will tear the rule up. This power of the courts to test delegated legislation is the sharpest of the three controls — and, in India, the most effective.

On what grounds do courts strike down delegated legislation?

Judicial control works mainly through the doctrine of ultra vires (Topic 2). A citizen challenges the rule by writ (Art. 32/226) or as a defence, and the court checks it on these grounds:

Parent Act is unconstitutional. If the enabling Act itself is void (e.g. for excessive delegation, or for violating a fundamental right or legislative competence), every rule under it falls with it.
Rule is ultra vires the parent Act (substantive). The rule goes beyond, or conflicts with, the powers or purpose of the Act — the commonest ground.
Rule is unconstitutional. Even if within the Act, a rule that violates a fundamental right (Arts 14, 19, 21) or any constitutional provision is void.
Procedural ultra vires. The rule was made without following a mandatory procedure (consultation, publication, pre-publication, laying) prescribed by the Act.
Unreasonableness / arbitrariness. A rule (especially a bye-law) that is manifestly unreasonable, or arbitrary under Article 14, can be struck down (Kruse v Johnson (1898); Air India v Nergesh Meerza (1981)).
Mala fide / bad faith. A rule made for a collateral or dishonest purpose can be quashed.
Sub-delegation beyond authority. Where the delegate further delegates without being authorised (Topic 6), the sub-rule is bad.
Exclusion of the doctrine of “reading down”. Courts will, where possible, read a rule down to keep it intra vires rather than strike it entirely.

🔑 The core question the court always asks is simple: “Is the rule within the four corners of the parent Act and the Constitution?” If yes, it stands; if no, it falls. Everything above is a way of asking that one question.

The standard of review (from Indian Express Newspapers v Union of India, 1985): “A piece of subordinate legislation does not carry the same degree of immunity as a statute; it can be questioned on the ground that it is ultra vires the parent Act or the Constitution, or is manifestly arbitrary or unreasonable.”

In Simple Terms: Courts control delegated legislation through the ultra vires doctrine. They ask whether the parent Act is valid, whether the rule stays inside the Act, whether it obeys the Constitution, whether the right procedure was followed, and whether it is reasonable and bona fide. Fail any of these and the rule is void.

flowchart TD
    ROOT["Judicial control of<br/>delegated legislation"]:::root
    ROOT --> A["Parent Act unconstitutional<br/>(incl. excessive delegation)"]:::leaf
    ROOT --> B["Rule ultra vires the Act<br/>(substantive)"]:::leaf
    ROOT --> C["Rule violates the Constitution<br/>(Arts 14/19/21)"]:::leaf
    ROOT --> D["Procedural ultra vires<br/>(no consultation/publication)"]:::leaf
    ROOT --> E["Unreasonable / arbitrary / mala fide"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

🧩 WORKED EXAMPLE — Rule contradicting the parent Act

Facts. A parent Act empowers a municipality to impose a sales tax “not exceeding ₹25 per bottle of foreign liquor”. The municipality by rule imposes ₹40 per bottle.

Rule. A rule that exceeds the express limit set by the parent Act is substantively ultra vires and void to the extent of the excess.

Apply. The Act caps the tax at ₹25; the rule sets ₹40 — a direct conflict with the parent Act’s ceiling. The delegate cannot rewrite the limit the legislature fixed.

Conclusion. The rule is ultra vires and bad. A court will strike it (or, at most, uphold tax only up to the ₹25 statutory ceiling). The ground is substantive ultra vires — the rule exceeds the power granted.

Case Laws

Indian Express Newspapers v Union of India (1985) — subordinate legislation may be struck down as ultra vires the Act, unconstitutional, arbitrary or unreasonable.
Air India v Nergesh Meerza (1981) — a service regulation terminating air-hostesses on first pregnancy struck down as arbitrary and unreasonable (Art. 14).
State of U.P. v Renusagar Power Co. (1988) — delegated legislation must conform to the parent Act and the Constitution.
Kruse v Johnson (1898) — manifestly unreasonable bye-laws are void.

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