Project : Administrative Law

Publication as a Mode of Control of Delegated Legislation : A Comparative Study between India, USA and UK

Submitted to Mr. Azim B. Pathan

Submitted by

Pragya Mishra
Semester VIII, Section B

Date of Submission: 6th March, 2013

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (CHATTISGARH)

CONTENTS
Acknowledgements Research Methodology Aims and Objectives List of Statutes, Instruments & Cases (ii) (ii) (ii) (iii)

1. Introduction 2. Provisions regarding Delegated Legislation in various Jurisdictions 3. Provisions regarding Delegated Legislation in India 4. Improvements in the System of Publication of Rules 5. Conclusion

1 2 6 15 21

Bibliography Webliography

22 22

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ACKNOWLEDGEMENTS
I would like to express my heartfelt gratitude to my respected teacher Mr. Azim B. Pathan for giving me such a relevant and informative topic for the project and for their continuous guidance and unconditional support. His wide knowledge, logical way of thinking, understanding, encouraging and personal guidance have provided a great basis for the present work. I also owe my acknowledgement to the HNLU Administration for providing us with such excellent resources in the form of IT Lab and Library facilities without which this project would never have materialised. My sincere thanks to my parents for their immense help and cooperation. Last but not the least my humble thanks to the Almighty who continues to endow me despite all my flaws. RESEARCH METHODOLOGY Legal research may be defined as systematic finding law on a particular point and making advancement in the science of law. McConville and Wing (2007) divided legal research into doctrinal and non-doctrinal research. Doctrinal legal research is research in law while non-doctrinal legal research is research about law. This research project is descriptive and doctrinal in approach. Doctrinal legal research is defined as research into legal doctrines through analysis of statutory provisions and cases by the application of power of reasoning. It gives emphasis on analysis of legal rules, principles or doctrines. The basic tools of a doctrinal legal researcher, thus, are: (i) statutory materials, (ii) case reports, (iii) standard textbooks and reference books, (iv) legal periodicals, (v) Parliamentary Debates and Government Reports, and (vi) Micro films and CD-ROM. These tools, depending upon the nature of information they contain, may be re-categorized into primary and secondary sources of information. National Gazette and Case Reports fall in the first category, while the rest fall in the latter. This work is largely based on secondary and electronic sources.

Aims and Objectives

1. To give a brief outline of the necessity of publication of delegated legislation 2. To discuss the provisions relating to publication of delegated legislation in various Jurisdictions 3. To enumerate the recent major developments in the field of publication of delegated legislation. 4. To analyze the major judicial pronouncements which seek to strengthen procedural and substantive safeguards publication of delegated legislation. 5. To suggest further recommendations for strengthening the publication of delegated legislation. (ii)

Table of Statutes and Instruments

1. 2. 3. 4. 5. 6. 7. 8. Rules Publication Act. 1893 Statutory Instruments Act 1946 Migration Appeals Act, 1969 Federal Register Act, 1935 Administrative Procedure Act, 1946 Code of Federal Register General Clauses Act Commission of Inquiry Act, 1952

List of Cases
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Blackpool Corporation v. Locker (1948) I KB 349 Queen v. Sheer Metal Craft Ltd (1954) 1 QB 586. Harla v. State of Rajasthan AIR 1951 SC 467 BK. Shrinivasan v. State of Karnataka (1987) 1 SCC 658 State of Maharashtra v. George 2 AIR 1965 SC 722 State of Madhya Pradesh v. Ram Raghubir Prasad, AIR 1979 SC 888 Narendra Kumar v. Union of India, AIR 1960 SC 430 In re Pesala Subramanyam, AIR 1950 Mad. 308 Govindlal v. Agriculture Produce Market Committee, AIR 1976 SC 263 Bangalore W.C.S. Mills Co. v. Bangalore Corporation AIR 1962 SC 562 I.T.C. Bhadrachalam Paper Boards v. Mandal Revenue Officer, Andhra Pradesh(1996) 6 SCC 634 12. 13. Sambhu Nath Jha v. Kedar Prasad Sinha, AIR 1972 SC 1515 Major G.S. Sodhi v. Union of India, AIR 1991 SC 1617

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14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

United States v. Aartins, 310 F 2nd, 341 Ramjilal v. Municipal Committee, Piparia, AIR 1959 MP 82 State of Uttar Pradesh v. Bansidhar, AIR 1969 All 184 Banarsi Das v. U.P. Government, AIR 1959 All 393 G. Narawn Reddy v. State of A.P. (1975) 35 STC 319 (AP) Collector of Central Excise v. NewTobacco Co AIR 1998 SC 666 Garware Nylons Ltd. v. Collector of Customs & Central Excise AIR 1999 SC 844 Union of India v. Ganesh Das Bhojraj AIR 2000 SC 1102 R.K.V. Motor & Tinzbers (P.) Ltd. v. R.T.O., AIR 1982 Ker 156 G.T.C. Industries Ltd. v. Union of India, (1988) 33 ELT 83 S.K. Shukla v. State of UP. (2006) 1 SCC 314 Sanjiv Gorwadkar v State of Maharashtra Writ Petition No 5396 of 1996,

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