Moot problem solution

TUSHAR REVANKAR (Querist) 10 July 2021 This query is : Resolved
The parent act required the state government to constitute expert board under the act .the parent act empowers state govt to make rules in consultation with expert board .the state govt has not constituted expert group , but has framed rules .the rules are brought into force with effect of 12.4.2021.swamy has challenged the rules as ultra vires.
The case is posted for final hearing before a single judge of Karnataka High court , Dharwad bench ( I'm representing respondent )

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K Rajasekharan (Expert) 11 July 2021
The formulation of rules without constituting a required expert board and consulting it, as prescribed under the parent act, is violative of rule of law and an arbitrary act. Therefore the rules need to be quashed.

When a parent act requires a state government to do certain things in certain manner the state government has no authority to do anything else except to follow those requirements under the law in letter and spirit. Otherwise it is a violation of our constitutional scheme of things.