The scope of judicial control over delegated legislation in India is well-established to ensure that the executive does not misuse its law-making powers delegated by the legislature. While delegation is necessary for flexibility and administrative convenience, the judiciary plays a critical role in checking its limits. Courts in India exercise control through judicial review and can strike down delegated legislation if it is found to be ultra vires (beyond the authority) of the enabling Act, violates fundamental rights, or is arbitrary and unreasonable.
In landmark cases like, Delhi Laws Act (1951) and Ajoy Kumar Banerjee v. Union of India (1984), the Supreme Court has upheld the legitimacy of delegation but asserted that essential legislative functions like policy-making cannot be delegated.
Additionally, if the parent statute itself is unconstitutional, any rules made under it can also be invalidated. Thus, judicial control ensures that delegated legislation remains within the constitutional and legal framework, preserving the doctrine of separation of powers and protecting citizens’ rights.
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