To prevent the executive from acting as a "dictator" through unchecked rule-making, the law imposes two primary lines of control: Parliamentary Control and Judicial Control.
1. Parliamentary (Legislative) Control
Since the power is delegated by the Parliament, the Parliament retains ultimate control over it through two mechanisms:
- Laying Procedures: The parent Act usually mandates that all rules drafted by the executive must be "laid on the table" of both Houses of Parliament. Laying can be:
- Simple Laying: For information only.
- Negative Resolution Laying: The rules take effect but are subject to annulment if Parliament passes a motion of rejection within a specified period (usually 30 days).
- Positive Resolution Laying: The rules will not take effect unless actively approved by a vote in both Houses.
- Committee on Delegated Legislation: Both the Lok Sabha and Rajya Sabha maintain active Committees on Delegated Legislation. These committees scrutinize every rule drafted by the government to ensure they do not exceed the parent Act, impose heavy taxes without authority, or exclude judicial review, and submit their reports to Parliament.
2. Judicial Control: The Doctrine of Ultra Vires
Courts can declare delegated legislation null and void if it is found to be Ultra Vires (beyond the power). This is split into two classes:
- Substantive Ultra Vires: The rules drafted exceed the scope of the parent Act, or violate constitutional provisions. For example, if a parent Act allows a department to regulate traffic, and the department drafts a rule imposing a fine of Rs. 1,00,000 and jail time, the rule is substantively ultra vires.
📜 Landmark Case: Dwarka Prasad Laxmi Narain v. State of UP (1954)
An executive order gave an administrative officer unfettered, absolute power to grant, refuse, or cancel licenses for coal trade without recording any reasons. The Supreme Court declared the order void because it gave unguided, arbitrary power to the executive, violating Article 19(1)(g) of the Constitution. - Procedural Ultra Vires: The parent Act mandates specific procedures (such as prior publication or consultation of affected groups) before drafting rules, and the executive fails to follow these mandatory procedures. The resulting rules are declared void for procedural non-compliance.