Revision Notes: The Committee on Subordinate Legislation | Indian Polity for UPSC CSE PDF Download

Delegated or Subordinate Legislation

It refers to the rules, regulations, bye-laws, orders, schemes, and similar frameworks created by authorities that have been given legislative powers by Parliament. This type of legislation is enacted by a body that operates under Parliament’s authority as part of the original legislative framework.

Need for Subordinate Legislation

• The volume of legislative work strains parliamentary time.
• The complexity of certain issues necessitates expert input.
• Flexibility is required to address unforeseen circumstances.

Risks of Subordinate Legislation

• Parliamentary statutes may lack crucial details, impacting citizens.
• Delegated powers could be overly broad, leading to unfair treatment.
• Vague definitions of powers may create uncertainty.
• The executive might overstep its authority in rule-making.

Parliamentary Control over Subordinate Legislation

• Review of legislative power during the Bill process.
• Requirement for subordinate legislation to be presented to Parliament.
• Ability to question or debate subordinate laws in Parliament.
• Oversight through the Committee on Subordinate Legislation.

Committee on Subordinate Legislation of Lok Sabha

• The idea of creating a Standing Committee on Subordinate Legislation was first proposed in the Provisional Parliament during the Budget Session of 1950.
• On April 30, 1951, rules for forming this Committee were developed and incorporated into the Rules of Procedure and Conduct of Business in Lok Sabha.
• The inaugural Committee was formed by the Speaker on December 1, 1953, with 10 members initially, following a rule amendment on January 9, 1954.
• A crucial rule stipulates that a Minister cannot be a member of the Committee; if a member becomes a Minister, they must leave the Committee.
• This rule is designed to preserve the Committee's independence from government influence, enabling it to function impartially and without bias.
• The term of the Committee is one year from the date of its formation.
• When selecting members from a list provided by the Leader of the House and other party leaders, the Speaker tends to prefer individuals with legal expertise.
• The Speaker appoints the Chairman from among the Committee members; if the Deputy Speaker is a member, they automatically assume the role of Chairman.
• The Committee has been chaired by respected legal figures, regardless of their political affiliations.

What are the functions of the Committee?

• The Committee has the power to establish detailed rules for its functioning, which it has done over time.
• This established procedure has enabled the Committee to effectively oversee the subordinate legislation enacted by the executive.
• The Committee monitors subordinate legislation at two critical stages:
  • Bill stage: When powers are granted to create subordinate legislation.
  • Order stage: When the executive issues rules and regulations based on those powers.

Measures to Prevent the Abuse of Power

To prevent the executive from abusing its power, there are safeguards in place. When the executive makes rules using powers given by legislation, these rules must be presented to the Legislature. The Legislature also has the right to annul or modify these rules. The Committee has set a standard procedure for all Bills that grant rule-making power to ensure this safeguard.

Role of the Committee

• The Committee reviews every Bill introduced in the House or sent by the Rajya Sabha to check if it includes the necessary provision for laying and modifying rules.
• Under Direction 103A, the Speaker can refer a Bill that delegates legislative powers to the Committee for examination.
• The Committee assesses the extent of the powers being delegated and can recommend annulment or amendment of provisions if needed.
• Bills proposing delegation of legislative powers are accompanied by a memorandum explaining the proposal and its circumstances.

Examination of Orders

• The Committee, under Rule 317, examines and reports on whether powers granted by the Constitution or Parliament are being exercised appropriately.
• The Committee reviews all ‘Orders’ created under the Constitution or a statute delegating power to a subordinate authority, regardless of whether they have been laid before the House.
• The Committee typically scrutinises ‘Orders’ after their publication in the official Gazette.

Recruitment Rules

• The Committee reviews recruitment rules established under Article 309 of the Constitution, published in the Official Gazette.
• These rules are assigned serial numbers like other statutory ‘Orders’ created under delegated legislative powers.

Approach of the Committee

• The Committee focuses on ensuring that subordinate legislation created by the executive does not exceed the limits set by parent statutes.
• It monitors that such legislation aligns with principles of equity and natural justice and does not cause unnecessary hardship to the public.
• The Committee emphasizes the need for statutory orders to be precise and clear, avoiding ambiguity.
• It ensures that legislation does not conflict with the general objectives of the Constitution or the statute under which it is created.
• The Committee can note any abuse of powers granted by Parliament when examining subordinate legislation.
• It determines whether a rule contains matters better suited for an Act of Parliament and examines unusual use of granted powers.
• The Committee stresses that executive orders or administrative instructions cannot substitute statutory rules.
• Executive must create rules and regulations according to relevant statutes when the need for an executive order arises.
• Administrative instructions are not substitutes for statutory rules as they are not published in the Gazette, making it difficult for the Committee to assess their fairness.

Prior Publication of Rules

Some laws require that rules be published in draft form to gather public feedback before they are finalized. At this stage, the committee does not get involved in drafting the rules because they may change based on the input received from the public. However, there are instances when the government seeks prior approval from the committee for rules that do not need to be published in draft form. In such cases, the committee typically does not review the rules, except in the following situations:

• When the law explicitly requires draft rules to be presented to Parliament for approval, such as in the case of rules under Section 7(2)(c) of the Oilfields (Regulation and Development) Act, 1948.
• When draft rules or amendments are based on recommendations made by the committee itself.

Examination Process

As per Direction 105, after an ‘Order’ is published in the Gazette, the Lok Sabha Secretariat assesses it to determine if it should be referred to the Committee based on specific rules or practices. If clarification is required, the Order is sent to the relevant Ministry for a response, and it is re-evaluated based on that response. If needed, a detailed memorandum is prepared, approved by the Chairman, and shared with Committee members in advance.

• If the Committee finds it necessary, they may invite oral evidence from representatives of the concerned Ministry.
• The Committee's decisions are documented in the minutes.
• The Secretariat drafts a report based on these minutes.
• This draft report is presented to the Committee for adoption after the Chairman's approval.

Stakeholder Engagement

To facilitate member review of the ‘Orders’ and gather feedback, copies are distributed in manageable batches. It is acknowledged that affected parties are often best equipped to evaluate the practical implications of rules. Likewise, professionals such as lawyers, accountants, and actuaries possess valuable insights that can benefit the Committee.

• Engaging with these groups can help eliminate unnecessary burdens imposed by subordinate laws and ensure that regulations are more relevant and aligned with current needs.
• The Committee actively encourages comments and suggestions from chambers of commerce, trade unions, and professional bodies regarding rules that impact them.
• This approach allows the Committee to address concerns about arbitrary powers or excessive use of delegated authority by the executive, which may exceed parliamentary limits and lead to unfair treatment of citizens.

Procedures for Implementing the Committee's Recommendations

• The implementation procedure for the Committee's recommendations is specified in Direction 108 by the Speaker.
• Ministries are required to regularly submit statements regarding the actions they have taken or plan to take in response to the recommendations and assurances given during correspondence with the Committee.
• This information is presented to the Committee in self-contained memoranda, which must be approved by the Chairman.
• The Committee has established a six-month timeframe for the Government to implement its recommendations.
• If the Government is unable to implement a recommendation or encounters difficulties, the Committee will assess the situation based on the feedback received.
• The Committee may then decide to:
  • Discard the recommendation,
  • Modify it, or
  • Insist on its implementation and report back to the House.
• Typically, the Committee's reports are not discussed in the House. However, members have the option to raise discussions on topics covered by the report in accordance with the relevant rules.