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Dr.

Ram Manohar Lohiya National Law University Administrative Law Synopsis

DR. RAM MAHOHAR LOHIYA

NATIONAL LAW UNIVERSITY

SYNOPSIS:

Judicial Control Over Delegated


Legislation: With Reference To Doctrine of
Reasonableness

SUBMITTED BY: UNDER THE GUIDANCE OF:

SOHIT GANGWAR DR. APARNA SINGH

ROLL NO: 144 FACULTY OF LAW

SECTION ‘B’ DR. RAM MANOHAR LOHIYA

SEMESTER V NATIONAL LAW UNIVERSITY

B.A. LLB (Hons.) LUCKNOW

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Dr. Ram Manohar Lohiya National Law University Administrative Law Synopsis

TITLE

The title of my project is “Judicial Control over Delegated Legislation: With Reference To
Doctrine of Reasonableness”

STATEMENT OF PROBLEM

Much subordinate legislation is carried out by bodies acting under powers conferred by
constitution, legislations or existing by immemorial user and the doctrine of ultra vires
could hardly apply to such legislation, can courts control it by other methods? Can they
invalidate any ordinance if it was unreasonable, uncertain or repugnant to the general
law of the land?

RESEARCH METHODOLOGY

I have taken up method of doctrinal research to make the project. Doctrinal research in law
field indicates arranging, ordering and analysis of the legal structure, legal frame work and
case laws to search out the new thing by extensive surveying of legal literature but without
any field work. To solve the legal problem with a new output within a short period of time
with less expenses by closely examining and analyzing the legal doctrine, legal framework
and case laws in a logical, systematic and scientific way . I have sought the literary matter in
the aforementioned context, analyzed them and molded my own thoughts.

OBJECTIVE
 To study and understand the concept of delegated legislation.

 To critically analyze the manner in which judiciary can control delegated legislation.

 To analyze the doctrine of reasonableness vis-à-vis judicial control over delegated


legislation.

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Dr. Ram Manohar Lohiya National Law University Administrative Law Synopsis

INTRODUCTION

In the modern times, the statement whether delegated legislation is necessary or not is out
of question, it has become an important part of the administration process. It is essentially a
bureaucratic legislation and it involves a shift of legislative power from the legislature to
the administration. Since there are no democratic safeguards present in administrative rule
making as in the case of legislature, therefore a control mechanism becomes necessary so
that the powers which are conferred on the administration is not misused. This control
mechanism basically involves judicial control, legislative control, and procedural control.
This project objects to deal with the first and the most important kind of such control i.e.
judicial Control with special reference to the doctrine of reasonableness.

There are various grounds on which the judiciary can exercise control over the delegated
legislation like the lack of legislative competence to make the sub-ordinate legislation,
violation of Fundamental Rights under the Constitution, violation of any provision of
Constitution of India, failure to conform to the statute under which it is made or exceeding
the limits of authority conferred by the enabling act, repugnancy to the laws of the land,
that is, any enactment and manifestation of arbitrariness or unreasonableness.

The researcher will be dealing with the following topics in the project. At first the
researcher would explain the doctrine of ultra vires so that the topic following it would
become easy to understand. After this, the researcher will deal with the factors which
make a delegated legislation subject to judicial review also explaining in brief the
grounds on which the same can be held ultra vires the enabling Act or the Constitution of
India. Also towards the end of the project, a certain emphasis has been given to
unreasonableness of rules made by the administrative authority throwing light on the
extent of which they are prone to judicial scrutiny.

TENTATIVE CHAPTERISATION

 Introduction
 Doctrine of Ultra Vires
 Grounds of Invalidity
 What is reasonable or unreasonable?
 Conclusion

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Dr. Ram Manohar Lohiya National Law University Administrative Law Synopsis

BIBLIOGRAPHY

BOOKS:

1. Halsbury’s “Laws of India”,1 Administrative Law, Lexis Nexis Butterworths, New Delhi,
Reprint 2006
2. I.P Massey, “Administrative Law”, 6th Edition, 2005, Eastern Book Company, Lucknow
3. M.P. Jain and S.N. Jain, “Principles of Administrative Law”, 6th Enlarged Edition, 2007,
Wadhwa and Co. Law Publishers, Nagpur
4. Bhagbati Prosad Banerjee and Bhaskar Prosad Banerjee, “Judicial Control of Administrative
Action”, 2001 Edition, Wadhwa and Company Law Publishers, Nagpur
5. S.P. Sathe, “Administrative Law”, 7th Edition, Lexis Nexis Butterworths, Wadhwa and
Company Law Publishers, Nagpur, 2008

WEB-SOURCES:

1. http://judis.nic.in/andhra/qrydisp.asp?tfnm=630 visited on 19th August 2017.


2. http://sixthformlaw.info/02_cases/mod2/cases_deleg_leg.htm visited on 19th August 2017.
3. http://www.coursework.info/University/Law/English_Legal_System/The_ultra_vires_d
octrine_L74059.html visited on 19th August 2017.

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