INTRODUCTION
There has been a shift in the environment of governance whereby delegated legislation has also become a quality that cannot be eliminated in order to cope with complicated, technical, and fast-changing needs and needs of contemporary administration. This allows legislatures to give the executive or lower units the authority to develop specifications with regards to a parent statute and this provides flexibility and efficiency in terms of the law formulation process. Nonetheless, this separation of power also brings a serious issue-how to make sure that comes with the powers delegated by it to remain within the constraints established by the Constitution and the legislature.
It is here that the judicial review comes in as a constitutional defence. As the gatekeeper of the rule of law, justice and protection of rights, the courts are concerned with ensuring that the delegated legislation does not go beyond its powers (ultra vires), and does not trample on basic constitutional principles. In India this has a constitutional basis in Article 13, Article 32 and Article 226 of the Constitution which grants to the courts the power to declare an unconstitutional, arbitrary, or ultra vires subordinate legislation invalid.
The judiciary has continually reiterated that in spite of it being impossible to run a government without delegation, delegation must never compromise the rule of law or depreciate opportunities of democratic accountability through landmark rulings. By so doing the courts serve as constitutional guard dogs and balance between administrative efficiency and constitutional discipline.
MEANING OF JUDICIAL REVIEW
Judicial review is the authority of the judiciary to review the validity of acts of the legislature and executive including delegated legislation and to invalidate them when the judiciary discovers such acts to be in conflict with the Constitution or the empowering statute which made its existence possible. In the background of the delegated legislation, judicial review serves to guarantee that the rule making authorities are acting according to the extent allowed by the laws including the legislative intent as well as the constitutional constraints.
The source of this power in India can be traced to Articles 13, 32 and 226 of the Constitution. Article 13 states that any law whether primary or subordinate, including laws that violate the fundamental rights, will be abrogated. Article 32 allows individual petition to the Supreme Court in case of the violation of fundamental rights and Article 226 allows High Courts to exercise the same powers in case of violation of fundamental rights as well as other wrongs of the law. Judicial review enshrines the philosophy that one authority is un-superior to the Constitution. The resulting rules and regulations as mandated by the legislature should be in line with the standards of reasonableness, fairness and legality despite the fact that the legislature may delegate some of its mandates. Through the process of judicial review, courts serve as the constitutional overseers to discourage the abuse of delegated authority and to make sure that the exercise of government authority is one that is uniform with the principles of the rule of law and of separation of powers.
GROUNDS FOR JUDICIAL REVIEW OF DELEGATED LEGISLATION
The Indian courts test the delegated legislation against clear cut legal standards. The principal reasons on which it can be overthrown are:
Excessive Delegation
Legislature is not allowed to delegate, or otherwise transfer, its core legislative role that is fixation of policy in legislation. It is capable only of delegating the authority to fill up details in the form of that policy.
In the event that the enabling act does not put in place precise guidelines, principles, or limits, such delegation is held as excessive and unconstitutional.
Case Reference: In Re: Delhi Laws Act (1951) Supreme Court concluded that that the power of Parliament of repealing law cannot be delegated without stating guiding principles.
Ultra Vires the Parent Act
Subordinate legislation should bear the unity of the provisions, pur pose and scope of the Parent ( enabling ) Act. In the event that a rule exceeds what the enabling law permits, or contravenes the latter, then it will be invalid.
Illustration: Assuming that a Motor Vehicles Rule provides for a penalty which has not been laid down in the Motor Vehicles Act, it would be ultra vires.
Breach of basic Rights
At the Article 13(3) (a), the meaning of law comprises delegated legislation. Consequently, in case a rule contravenes the basic rights i.e. equality (Art. 14), freedom of speech (Art. 19(1)(a)) or the right to life (Art. 21), it would be invalid.
Case Reference : Hamdard Dawakhana v. 1960 Union of India -The rules were abolished as they infringed on the freedom of speech.
Unreasonableness or Arbitrariness
Article 14 gives delegated legislation a reasonableness test. Our courts have the power to strike it down in case it is clearly unfair, oppressive, or discriminatory.
Example: A licensing provision giving renewal only to selected favored applicants not based on any objective criteria.
Mala Fide Exercise of Power
The legislation can be overturned in case the power that is framing the rules has a bad faith, ulterior motive, political bias.
Example: a zoning policy to only put the target business or community.
Collision with the other laws or provisions of the constitution
Delegation legislation should be within the confines of the Constitution as well as justifiable statutes. A conflict brings about its nullity in as far as inconsistency is concerned.
Procedural Impropriety
Where the enabling Act lays down a particular procedure to be followed in the framing of rules (laying before Parliament), non adherence to the particular procedure may render the rule invalid.
Example: The absence of a publication in the Official Gazette when one is obligatory.
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Delegated legislation may not have any retroactive effect unless specifically permitted by the enabling Act. Such action without such power makes it invalid.
LANDMARK JUDGMENTS
1. In re: Delhi Laws Act, 1951
The decision formulated in this Supreme Court landmark judgment set the fundamental boundary to the delegated legislation in India. The court decided that although the responsibility of legislation can be delegated by legislature to the executive to fill in the details of a law, the core responsibilities of legislation could not be delegated especially the making of legislative policy. Any such delegation that lacked the clear guidelines or principles as well as safeguards was in the form of excessive delegation and consequently unconstitutional. This case formed the cornerstone to any possible judicial examination with regard to the acceptable boundaries of delegation.
2. Hamdard Dawakhana v. Union of India (1960)
Here, the court of appeal looked at some provisions of the Drugs and Magic Remedies Act (Objectionable Advertisements) and the regulations made thereunder. The Court found these provisions unconstitutional on the basis of being vague, overbroad and contrary to Article 19(1)(a) that grants freedom of speech and expression. This ruling strengthened the position that delegated legislation, just like the primary legislation, has to be in line with the Constitution and it is reviewed in court by virtue of Article 13.
3. The State of T.N. v. P. Krishnamurthy (2006)
This decision came up with an effective method of vetting delegated legislation. The Supreme Court has stated that, rules may be struck down on the ground of lack of the competence of the legislature, infringement of basic rights, being ultra vires to the parent Act, arbitrary in nature or process failure in framing of the rule. This case has been used on many occasions in testing the modern judicial review of inferior legislation in India.
4. Ajoy Kumar Banerjee v. Union of India (1984)
In this case, the Supreme Court indicated that delegated legislation has to operate as defined and limited by authorized Act. Such a ruling that goes beyond or conflicts with the Act is unlawful regardless of whether the legislation, the Act itself, is valid. The case further stressed the doctrine of ultra vires as one of the bases of judicial intervention.
5. Indian Express Newspapers v II Union of India (1985)
In the present case, the Court has underlined that subordinate legislation is justifiable to the extent that it is ultra vires to the parent Act but also can be questioned on grounds of being unreasonable, arbitral, not in tandem with fundamental rights. This decision enhanced the power of judicial review as it affirmed that being in line with the enabling Act was not the only test, it was also important to practice constitutional virtues.
6. General Officer Commanding in Chief v. Dr. Subhash Chandra Yadav (1988)
The ruling reinforced the existence of any delegated legislation, which runs against the Constitution or the mother law, is unlawful. This case affirmed that the rule of law requires a strict compliance with the intent of the law making body and to the limits of the constitution by abolishing the rules that were not consistent with the statutory framework.
IMPORTANCE IN A DEMOCRACY
In a system that is democratic, judicial review of delegated legislation is vital as it makes the executive have no power over the law. The authority to make, and promulgate the law in a representative democracy shapes up as a power through the people hence the authority should not be beyond the constitutional checks. Although delegation of law-making authority, to the executive can be more efficient, flexible and expertise in technical matters, this power is flexible in that they may arbitrarily or excessively exercise power. The judicial review is the constitutional check against this kind of misuse as it provides that lesser legislation should not be outside the ambit of the enabling Act, must not violate its rights guaranteed by the Constitution and must be subject to reasonableness and fairness traits.
In addition, judicial review is a component that maintains separation of powers because it ensures that the executive does not encroach into the legislation territory. It helps in supporting the rule of law where all the rule-making actions are legally supported, the procedure in making the rules is legitimate and constitutional. Without the overseeing attention, delegated legislation would be an easy mechanism to evade the parliamentary scrutiny and have a corrosive impact on democratic accountability. Through the nullifying of any rule that is ultra vires, arbitrary or unconstitutional, the judiciary concerns the population about their belief in governance, supports the rights of the people and returns the critical balance among management expediency and constitutional restraint there is a need in effective democracy.
CONCLUSION
Delegated legislation has now become an inseparable aspect of governance today. Governments respond at very explosive speeds, it addresses complex and technical problems that are outside the reach of even government lawyers. At the same time, the very ease of its use by the executive comes with the danger of executive usurpation and perversion of legislative responsibility. Judicial review is what gives the constitution its check each time this powerful tool must be used as a servant and never as an alternative to the democratic process. Unless constrained by rules of constitutionality, reasonableness and compliance with the parent Act, the judicial safeguards both the rule of law and citizens rights by subjecting subordinate legislation to these tests.
Judicial review of delegated legislation, to the author is not only a legal provision- it is a necessity to democracy. In the absence of active judicial oversight, the balance between efficiency and accountability would otherwise be lost, which would enable delegated powers to turn into vehicles of arbitrary governance. The courts are obliged to, thus, persist with the strict scrutiny method, particularly, when the subject matter has impact on fundamental rights and on matters that concern the interest of the people. Simultaneously, the legislature need to take care that the enabling statutes have clear policy statements and sufficient safeguards and that delegation is not overdone at the origin.
After all, delegated legislation must act as a facilitative process, which narrows the distance between the legislative policy and administrative implementation, whereas judicial review should be that watchdog that ensures that it operates within the constitutional boundaries. Such a balance is needed so that the efficiency of administration is not lost at the expense of democracy in the administration.