In this video lecture, we will learn the concept of Judicial Control over Delegated Legislation in Administrative Law. The Judiciary applies the doctrine of Ultra Vires to check the validity of Delegated Legislation and declare it invalid if it is beyond the scope of the authority or if it does not follow the procedure prescribed in the Parent Act.
This topic is divided into 2 parts:
1. Substantive Ultra Vires
2. Procedural Ultra Vires
This video covers nine circumstances under which the Court can declare a Delegated Legislation invalid on the ground of Substantive Ultra Vires along with with cases and examples.
Cases Covered with detailed explanation:
Hamdard Dawakhana v. Union of India 1960
Dwarka Prasad Laxmi Narain v. State of U.P. 1954
Himat lal K. Shah v. Commissioner of Police 1973
Hindustan Times v. State of U.P. 2002
Air India v. Nergesh Meerza 1981
D. C. Wadhwa v. State of Bihar AIR 1987
Gurucharan Singh v. State of Haryana 1974
District Collector Chittoor v. Chittoor District Groundnut Traders Association 1989
General officer, Commander-in- Chief v. Subhash Chandra Yadav 1988
Cases to refer for further understanding:
Chintamanrao v. State of M.P. 1951
Tahir Hussain v. District board, Muzaffarnagar 1954
State of Karnataka v. H. Ganesh Kamath 1983
Indian Council of Legal Aid and Advice v. Bar Council of India 1995
Topics Covered: (Timestamp)
0:00 Introduction
02:04 Substantive Ultra Vires
03:52 Parent Act is Unconstitutional
04:25 Hamdard Dawakhana v. Union of India 1960
06:27 Delegated legislation is Ultra Vires the Constitution
06:48 Dwarka Prasad Laxmi Narain v. State of U.P. 1954
08:41 Delegated legislation is inconsistent with Parent Act
09:00 Himat lal K. Shah v. Commissioner of Police 1973
10:13 Delegated legislation is inconsistent with General Law
10:47 Hindustan Times v. State of U.P. 2002
12:16 Delegated legislation is Arbitrary and Unreasonable
12:57 Air India v. Nergesh Meerza 1981
13:52 Delegated Legislation is Mala fide
14:27 D. C. Wadhwa v. State of Bihar AIR 1987
14:59 Delegated legislation operated retrospectively
16:07 Gurucharan Singh v. State of Haryana 1974
20:11 Where Delegate further Delegates
23:34 District Collector Chittoor v. Chittoor District Groundnut Traders Association 1989
24:56 Delegated legislation excluded from Judicial review
26:16 General officer, Commander-in- Chief v. Subhash Chandra Yadav 1988
27:45 Conclusion
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