Delegated Legislation
Recently, the Supreme Court (SC) observed that a delegated legislation which is ultra vires the parent Act cannot be given any effect. The Supreme Court was hearing an appeal filed by the Kerala State Electricity Board against a State High Court decision which upheld Regulation 153(15) of the Kerala Electricity Supply Code, 2014.
What Supreme Court Said?
- Delegated legislation, including rules and regulations formed by State and Central authorities, should not supplant but supplement the parliamentary statute from which it draws power from.
- If a rule goes beyond the rule-making power conferred by the statute, the same has to be declared ....
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