Delegated legislation
madhurMehta
(Querist) 31 October 2009
This query is : Resolved
Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.
Now the problem is how far can the authority go in to legislating further on certain points?
Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?
In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?
Raj Kumar Makkad
(Expert) 31 October 2009
repeated quarry. detailed reply has already been given.
