Rough Draft Of Administrative Law.

ROUGH DRAFT OF ADMINISTRATIVE LAW TOPIC: Legislative control of Delegated Legislation Submitted to: Prof. Dr. Ali Submitted by: Ankit Anand Roll no:917 6th semester

INTRODUCTION Delegated legislation means permitting bodies beneath parliament to pass their own legislation. The three main forms of delegated legislation are statutory instruments, by-laws and orders in Council. Statutory instruments are created by government departments for areas under their responsibility. The Parent Act gives the departments permission as well as guidance about how the new piece of legislation is to be written and processed. Under Statutory Instruments the Minister for Transport will be able to deal with necessary road traffic regulations and the Health and Safety Executive may use a Statutory Instrument to change safety law; statutory instruments give department¹s immense freedom to change the law and as a result 3,000 statutory instruments are brought into force each year. By-laws are created by local authorities to cover matters in their own area, which must be approved by central government. For example Nottingham City Council along with many other local authorities in the country is enforcing a car ban in the City Centre area. Public bodies such as the British Airport Authority and the railways can enforce rules about public behaviour on their premises. Another example of a bylaw is the smoking ban on the London Underground System. Orders in council are laws passed in an emergency by the government, when parliament is unable to sit. Under the Emergency Powers Act 1920 orders in Council are approved by the Privy Council and signed by the Queen. An example of when Orders in Council could have been used is during the bombing of the World Trade Centre in September 2001, if the speculations that the Houses of Parliament was next to be attacked came true, then orders in council would have been the last resort.

Control over delegated legislation is through parliament via affirmative or negative resolution procedures as well as through the scrutiny committee controls over delegated legislation also exist through the courts via judicial review and the doctrine of ultra virus. Parliamentary Control- affirmative resolutions and negative resolutions Statutory instruments become law in two ways through the negative resolution procedure, where after the statutory instrument is written it is shown to parliament and if within 40 days there are no objections it immediately becomes law if there is objections however then the statutory instrument is debated in the House of Commons, House of Lords or in a Standing Committee. Or through an affirmative resolution procedure where a statutory instrument may not become law unless specifically approved by parliament; parliament will put an instruction under the Parent Act, informing that the issue is required to be debated and voted upon before it becomes law. Under the affirmative resolution procedure parliament may be required to vote for its approval of the delegated legislation, which will provide a fair system as each Member of Parliament will represent the public or a specific body and will provide different views on different laws, it would also ensure that full parliamentary attention has been drawn to important legislation. MP¹s also have the advantage of asking ministers questions about delegated legislation at question time or raise them in debates. A major disadvantage of this procedure however is that parliament cannot amend the statutory instrument; it can only be approved, annulled or withdrawn.. Scrutiny Committee The scrutiny Committee (also known as the Joint Select Committee) is responsible for reviewing statutory instruments Œin close detail¹ and drawing the attention of parliament to any delegated legislation which requires special further consideration before the committee stage of the bill. Possible problems that the scrutiny committee could go through that may force them to inform parliament could be(highlighted by Jimmy O¹Riordan, AS Law for OCR): that a statutory instrument is going beyond its powers (known as ultra vires), a statutory instrument is imposing a tax which it is not allowed to do- only an elected body has the right, a statutory instrument s producing legislation which is unclear or a statutory instrument is producing retrospective legislation (backdating an offence), which was not provided for by the enabling Act.

RESAERCH METODOLOGY The method of research adopted is a secondary one. The researcher has used secondary source and primary source to answer the statement of the problem. Various books and articles have been heavily referred while writing this project.

AIMS AND OBJECTIVE The main aim and objective of the researcher is to know about the delegated legislation, its history and how the judiciary and legislation controls it. And why it is needed to control delegated legislation.

SOURCE OF DATA The following sources of data have been used in the project are: books, articles, websites.

HYPOTHESIS Control over delegated legislation is required because currently delegated legislation is made by non-elected bodies away from democratically elected politicians (parliament), as a result many people have the power to pass delegated legislation, which provides a necessity for control, as without controls bodies would pass outrageous unreasonable legislation which was attempted in the past.

CHAPTERISATION 1. 2. 3. 4.

INTRODUCTION Delegated Legislation: Historical Background Legislative control Delegated legislation in India 5. Conclusion

BIBLIOGRAPHY 1.I.P.MESSY, Administrative law, 8th edition, 2012 2.Dr. Paras Diwan, Administrative law, 4th edition, 2014 3.D.D BASU & S P Sen Gupta, Administrative law, 7th edition, 2015