Conditional Legislation and Judicial Control of Delegated Legislation

Conditional Legislation

The legislature makes the law. It is full and let. No legislative function is delegated to the executive authorities. The said law is not brought into force and it is left to the executive to put the Act into operation on fulfillment of certain conditions or contingencies, and for that reason, the legislation is called 'Conditional Legislation' or 'Contingent Legislation'.

In Inder Singh v. State of Rajasthan

Judicial Control of Delegated Legislation

1. Substantive ultra vires
2. Procedural

Substantive:

• Parent act is unconstitutional
• Delegated Legislation is inconsistent with parent act
• Delegated legislation is unconstitutional
• Unreasonable
• Mala fide or bad faith
• Subdelegation
• Exclusion of judicial review
• Retrospective operation

Rule of Law

Rule Against Bias

• Pecuniary Bias: Should not have pecuniary interest in the case.
• Cambridge University find Dr Bonham
• Dimes vs Junction Canal Co: Lord was a shareholder in the company

Personal Bias

• May arise out of friendship, relationship, enmity, grudge rivalry. A person who is a friend or enemy of the parties is disqualified.
• AK Krapak vs Union: IFS selection board
• Mineral development vs Bihar: Minister giving his company license

Bias as to Subject

Audi Alteram Partem

Notice

Before action is taken, the party should be given notice to show cause. Notice should include details.

• Gupta vs Union of India
• Kumaran Erady vs General Manager

Opportunity of Hearing

The person concerned must be given the opportunity of being heard before any action is taken against him.

• Dhakessheari Cotton Mills vs CIT: INCOME TAX

Speaking Order

Reasoned decision. Reason should be stated.

• Siemens vs Union of India
• TR Thandur vs Union of India

Exclusion of Natural Justice

• Legislative action
• Urgency and Public Interest
• Impracticability
• Useless formality theory

Lokpal

Lokpal is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Pinaki Chandra Ghose. The Lokpal has jurisdiction over the central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2011. The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level.