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Legislative control of delegated legislation

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HomeBrud.gifAdministrative LawBrud.gifDelegated legislationBrud.gifLegislative control of delegated legislation

The Parliament or the Legislature provide a number of safeguards to secure the proper exercise of the power by the delegate. The control is done in two ways:

  • Control at the time of passing of the parent act
  • Control when legislature scrutinizes the delegated legislation

The various methods of the exercise of this control include:

Laying Technique

In England, there is no act which says that delegated legislation has to be laid before the Parliament. However, when laid, the Act is usually put before both the Houses except in regard to financial matters when it is before the House of Commons only.

  • Negative Parliamentary Procedure: Statute is laid before the Parliament with immediate effect
  • Positive / Affirmative Parliamentary Procedure: Statute is laid before the Parliament but its effect will not take place until approved

Legal consequences of non-compliance with the laying provision

Committee on Subordinate Legislation

Functions of Scrutiny Committees

Suggestions made by Committee on Subordinate legislation

Working of the Committee

Position in England

In England, because of Doctrine of Parliamentary Sovereignty, the control exercised by the Parliament over delegated legislation is very effective.

Position in United States

Position in India

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