Previous Year Question

The Committee on Subordinate Legislation scrutinises whether the power to make rules, regulations, sub-rules, bye-laws and orders, conferred by the Constitution or delegated by Parliament, is being properly exercised by the Executive.

Parliament enacts the principal legislation but often delegates the power to frame administrative and technical details to the Executive. Rules and regulations made under such delegated authority are known as subordinate or delegated legislation.

The Committee principally examines whether subordinate legislation:

• conforms to the Constitution and the parent Act;

• remains within the limits of the power delegated by Parliament;

• imposes a tax or financial charge without authority under the parent Act;

• gives retrospective effect without express statutory authority;

• improperly restricts the jurisdiction of courts;

• contains a matter that should more appropriately have been included in an Act of Parliament; and

• has been published or laid before Parliament without unjustified delay.

The Lok Sabha and the Rajya Sabha have separate Committees on Subordinate Legislation. Each ordinarily consists of 15 members. A Minister cannot be a member because the Committee performs parliamentary scrutiny of subordinate legislation made by the Executive.

The remaining committees perform different functions:

• The Committee on Government Assurances examines the implementation of assurances, promises and undertakings given by Ministers in the House.

• The Rules Committee considers matters concerning the Rules of Procedure and Conduct of Business of the House and recommends amendments.

• The Business Advisory Committee recommends the allocation of time for different items of government and other business.