Vigneshwarane R, LL.B., Symbiosis Law School, Pune
Sreevarshini N K, LL.B., Symbiosis Law School, Pune
Delegated legislation is a bureaucratic legislation, since there are no Democratic safeguards in this kind of legislature, the need for a control mechanism has entailed. Namely there are two kinds of Control mechanism judicial control and Legislative Control. This article specifically focuses on the lacunas lying in the judicial control mechanism in the matters of judicial review. Focusing on the recent Demonetization Case i.e. Vivek Narayan Sharma vs. Union of India (2016). In this case the contentions laid emphasizes the excessive delegation of power to RBI and the procedural ultra vires in implementing section – 26(2) of the RBI act, 1934. Firstly immense power is vested on the Centre to initiate the change of legal tender according to their whims and fancies, Secondly RBI sets out their recommendation after such initiation, and both the entities sit together for consultation. Due to political act of carrying a hasty process the RBI, in author(s) opinion does not have the independence to apply its mind to it. The whole process being an executive action, leaving out the parliamentary in exercising its legislative action, the arbitrariness arose, the issue was challenged in court by means of judicial review. Where the majority decision, the authority delegation cannot be overturned since it is directed at the Centre, which is ultimately accountable to the Parliament. In accordance to this controversial judgement the author reflects their opinion questioning the intricacies in the realm of administrative law and delegation of powers.
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