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Challenges to ALR Delegated Legislation

The document discusses the grounds for challenging delegated legislation in India. It states that none of the grounds were satisfied to challenge the purported move by the ALR. It outlines that delegated legislation may be reviewed on the grounds of legislative competence, being ultra vires the parent statute, being in conflict with another statute, or being so arbitrary as to violate constitutional rights. The document provides legal citations to support these points.

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ibrahim kannodwala
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47 views1 page

Challenges to ALR Delegated Legislation

The document discusses the grounds for challenging delegated legislation in India. It states that none of the grounds were satisfied to challenge the purported move by the ALR. It outlines that delegated legislation may be reviewed on the grounds of legislative competence, being ultra vires the parent statute, being in conflict with another statute, or being so arbitrary as to violate constitutional rights. The document provides legal citations to support these points.

Uploaded by

ibrahim kannodwala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

THAT NONE OF THE GROUNDS TO CHALLENGE THE PURPORTED MOVE BY THE ALR AS

DELEGATED LEGISLATION WERE SATISFIED

2. The legislature can confer power upon a subordinate agency to make rules, in detail, to
better carry out the scheme of the legislation,1 as is the present instance wherein the ALR has
been conferred powers under 3 (3) of the Linking of Rivers Act (hereinafter, the impugned
Act).2 Delegated legislation may not be questioned on grounds of violating principles of natural
justice or not taking into consideration certain circumstances.3 The judicial review of delegated
legislation may be made on the following grounds: (i) legislative competence on which the
plenary legislation is also subject; (ii) being ultra vires the parent statute; (iii) being in conflict
with another statute; (iv) be so arbitrary as to violate Article 14 of the Constitution.4

1
J. K. Industries v. Union of India, (2007) 13 SCC 391, 38; Bhatnagars & Co. v. Union of India, AIR 1957 SC 478,
14-15.
2
Factsheet, 6.
3
Pune Municipal Corporation and Anr . v . Promoters and Builders Association and Anr ., AIR 2004 SC 3502, 4.
4
Indian Express Newspapers (Bombay) v. Union of India, AIR 1986 SC 515, 75; State of Madhya Pradesh v. Bhola
@ Bhairon Prasad Raghuvanshi, AIR 2003 SC 1191,

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