INTRODUCTION

The issue of delegated legislation has been one of the most debated issues in the
domain of legal theory because of its various implications. Scholars have
consistently presented differing and even contradicting views about delegation of
power to legislate and have thus taken different stands on the issue. While
Delegated Legislation has been a widespread practice in modern times and is
almost an accepted norm, there have been contrary views. For instance Cooley has
expressed a staunchly critical view of the power to delegate. He has stated that
"One of the settled maxims in constitutional law is that the power conferred upon
the legislature to make laws cannot be delegated by that department to any other
body or authority. 

Where the sovereign power of the State has located the authority, there it must
remain; and by the constitutional agency alone the laws must be made until the
constitution itself is changed. The power to whose judgment, wisdom, and
patriotism this high prerogative has been entrusted cannot relieve itself of the
responsibility by choosing other agencies upon which the power shall be devolved,
nor can it substitute the judgment, wisdom, and patriotism of any other body for
those to which alone the people have seen fit to confide this sovereign
trust." Further he has also observed that "No legislative body can delegate
to another department of the government, or to any other authority, power, either
generally or specially, to enact laws. The reason is found in the very existence of
its own power.
This high prerogative has been entrusted to its own wisdom, judgment, and
patriotism, and not to those of other persons, and it will act ultra vires if it
undertakes to delegate the trust, instead of executing it." While such positions do
raise the questions about the propriety of delegating the power to legislate by
higher legislative bodies to the lower ones, the fact remains that this has been a
general practice followed in all modern democratic countries. Hence it is important
to understand what is firstly meant by delegated legislation and then analyze its
various aspects.

Legislative power of the Administration & Delegated Legislation means the power
given to the administrative authority by the Legislature to make rules, regulations,
like provisions on certain matters. It may be defined as the law-making power of
the Executive or administrative authority. It is briefly known as “delegated
legislation”. It has also been describe as “outsourcing of law-making power”.

Subordinate Legislation

"Delegated legislation" is also called "Subordinate Legislation". Distinguishing

between "Supreme Legislation" and "Subordinate Legislation",

Salmond1 explains :

“Subordinate legislation is the legislation made by the authority other than the
supreme authority in the State, in the exercise of the power delegated to it, by the
supreme authority.”

The subordinate legislation, says Salmond, "is dependent on some superior or

supreme authority for its continued existence and validity."

It thus follows that the authority which makes the legislation (subordinate
legislation) in the exercise of the legislative power delegated to it by the
Legislature, is subordinate to the Legislature and the power of

1. Jurisprudence, 12th edn. 116

the authority is limited by the Statute by which the delegation has been made.2
Thus, the rules, by-laws, regulations, notifications, orders, etc., made by the
Executive or other administrative authorities, in the exercise of the powers
conferred by the Legislature is known as subordinate legislation.

Sir Cecil Carr defines – “Delegated legislation is a growing child called upon to
relieve the parent of the strain of overwork and capable of attending to minor
matters, while the parent managers the main business. The delegated legislation is
so multitudinous that the statute book would not only be incomplete but misleading
unless it be read along with the delegated legislation which implies and amends it.”

Delegated Legislation—Executive Legislation

Delegated legislation may be distinguished from Executive Legislation. The

former refers to the legislation made by the authorities other than the Legislature to
whom the Legislature delegates its legislative power, while the latter stands for the
legislative power conferred on the Executive by the Constitution itself.

It thus follows that the legislation made by the Executive in the exercise of power
confers on it expressly by the Constitution, is not delegated legislation, but strictly
speaking, it is original legislation.

For instance, Ordinances promulgated by the President under Article123 or by the

Governor under Article 213 are expressly declared to have the same force and
effect as a law enacted by the respective Legislature.3

2. Supra, Jain and Jain

3. See Clause (2) of Article 123 and CI. (2) of Article 213
It may further be stated that while the source of delegated legislation is always an
Act of the Legislature, the source of the Executive Legislation is a provision of the
Constitution. Further, that delegated legislation to be constitutionally valid is to
comply with the guidelines traced through judicial pronouncements interpreting
general principles in this respect while a piece of Executive Legislation is required
to be consistent with the provisions of the constitution.

I. DEFINITIONS

I. “Delegated Legislation means the exercise of legislative power by an agency

which is subordinate to the legislature”

II. “Delegated legislation is, at times, referred to as Ancillary, Subordinate,

Administrative Legislation or as Quasi-Legislation”.

III. “Delegated legislation is a technique to relieve pressure on legislature’s time

sothat it can concentrate on principles and formulation of policies.”

Delegated legislation means legislation by authorities other than the Legislature,

the former acting on express delegated authority and power from the later.
Delegation is considered to be a sound basis for administrative efficiency and it
does not by itself amount to abdication of power if restored to within proper limits.
The delegation should not, in any case, be unguided and uncontrolled. Parliament
and State Legislatures cannot abdicate the legislative power in its essential aspects
which is to be exercised by them. It is only a nonessential legislative function that
can be delegated and the moot point always lies in the line of demarcation between
the essential and nonessential legislative functions. The essential legislative
functions consist in making a law. It is to the legislature to formulate the legislative
policy and delegate the formulation of details in implementing that policy.
Discretion as to the formulation of the legislative policy is prerogative and function
the legislature and it cannot be delegated to the executive. Discretion to make
notifications and alterations in an Act while extending it and to effect amendments
or repeals in the existing laws is subject to the condition precedent that essential
legislative functions cannot be delegated authority cannot be precisely defined and
each case has to be considered in its setting. Halsbury's Law of England,4
explains that when an instrument of a legislative nature is made by authority other
than the Legislature, it is called delegated legislation. To put in simple terms
delegated legislation refers to all law-making, which takes place outside the
Legislature. It is generally expressed as rules, regulations, orders, by-laws,
directions, scheme, notifications, etc.

Salmond puts delegated legislation5 as-

“That, which proceeds from any authority other than sovereign power and is
therefore, dependent for its continued existence and validity on some superior or
supreme authority.”

The word 'delegate' is distinguished from the term 'delegation'. While delegate' is
stated to mean a person who is appointed, authorized, delegated or commissioned
to act in the stead of another, the term "delegation" means instructing another with
a general power to act for the good of those who depute him or it means transfer of
authority by one person to another.6 In this sense, delegated legislation means he
conferring authority of law-making upon someone else,7 i.e., on administrative
authorities.

4. 4th Edn. 44,981-84

5. Salmond Jurisprudence, 12th Edn., 116, quoted in Agricultural Marketing

6. Black’s Law Dictionary, 6th Edn., quoted in Ishwar Singh v. State of Rajasthan AIR 2005 SC 773

7. For detailed discussion see Ishwar Singh v. State of Rajasthan AIR 2005 SC 773
Jain and Jain explained the expression in the following two senses :8

The exercise by a subordinate agency of the legislative power, delegated to it by

the Legislature;

The subsidiary rules themselves, which are made by the subordinate agency,in
pursuance of the power as mentioned in (a).

The expression is meant to have both the meanings. It may be stated to be

"legislation by the authorities other than the Legislature", which takes place
outside the Legislature and is generally expressed as rule, regulation, order by-law,
direction, scheme, etc.9

The Supreme Court in Hamdard Dawakhana v. Union of India10 explains :

"When the delegate is given power of making rules and regulations in order to fill
in the details to carry out and subserve the purposes of the legislation, the manner
in which the requirements of the Statute are to be met and the rights therein created
to be enjoyed, it is an exercise of delegated legislation.

The Donoughmore Committee on Ministers' Powers, appointed in England in

1929, to consider, inter alia, the powers exercised by die Ministers by way of
"delegated legislation"11 also explained the expression in the following two senses
—

8. Principles of Administrative law, 2008, 42. However when the delegate has exercised the power delegated, there
Agricultural Market Committee v. Shalimar chemicals Works, AIR 1997 SC 2502

9. Agricultural Market Committee v. Shalimar chemicals Works, AIR 1997 SC 2502

10. AIR 1960 SC 554, quoted in State of T.N. v. K. Sabanayagam, AIR 1998 SC 344

11. See P.P. Craig, Administrative Law 2007, 67

1. The exercise of law-making power by the executive under the authority
delegated to it by the Parliament; and

2. The rules, regulations, by-laws, etc., made by the executive in the exercise of the
law making power delegated to it by Parliament.

Stating in the above way, Jain & Jain say that as administrative lawyers, "we are
more interested in the 'technique', rather than the actual rules made, and so the
expression 'delegated legislation' is used here primarily in the first sense", i.e., the
exercise of legislative power by a subordinate agency.12

II. SCOPE OF DELEGATED LEGISLATION

In order to avoid the dangers, the scope of delegation is strictly circumscribed by

the Legislature by providing for adequate safeguards, controls and appeals against
the executive orders and decisions. The power delegated to the Executive to
modify any provisions of an Act by an order must be within the framework of the
Act giving such power. The power to make such a modification no doubt, implies
certain amount of discretion but it is a power to be exercised in aid of the
legislative policy of the Act and cannot

i) travel beyond it, or

ii) run counter to it, or

iii) Certainly change the essential features, the identity, structure or the policy of
the Act.

12. Jain and Jain supra note 5,42.

Under the constitution of India, articles 245 and 246 provide that the legislative
powers shall be discharged by the Parliament and State legislature. The delegation
of legislative power was conceived to be inevitable and therefore it was not
prohibited in the constitution.

Further, Articles 13(3)(a) of the Constitution of India lays down that law includes
any ordinances, order bylaw, rule regulation, notification, etc. Which if found in
violation of fundamental rights would be void. Besides, there are number of
judicial pronouncements by the courts where they have justified delegated
legislation.

For e.g. In re Delhi Laws Act case13, Vasantlal Magan Bhaiv vs State of Bombay14
and S. Avtar Singh v. State of Jammu and Kashmir.15

While commenting on indispensability of delegated legislation Justice Krishna Iyer

has rightly observed in the case of Arvinder Singh v. State of Punjab,16 that the
complexities of modern administration are so bafflingly intricate and bristle with
details, urgencies, difficulties and need for flexibility that our massive legislature
may not get off to a start if they must directly and comprehensively handle
legislative business in their plenitude, proliferation and particularization
Delegation of some part of legislative power becomes a compulsive necessity for
viability.

13. AIR 1961 SC 332

14. AIR 1961 SC 4

15. AIR 1977 J&K 4

16. AIR 1979 SC 321

A provision in a statute which gives an express power to the Executive to amend or
repeal any existing law is described in England as Henry viii Clause because the
King came to exercise power to repeal Parliamentary laws. The said clause has
fallen into disuse in England, but in India some traces of it are found here and
there.

Example, Article 372 of the Constitution authorizes the president of India to adopt
pro Constitutional laws, and if necessary, to make such adaptations and
modifications, (whether by way of repeal or amendment) so as to bring them in
accord with the provisions of the Constitution. The State Reorganization Act, 1956
and some other Acts similar thereto also contain such a provision. So long as the
modification of a provision of statute by the Executive is innocuous and immaterial
and does not affect any essential change in the matter.

III. TYPES OF DELEGATION OF LEGISLATIVE POWER IN INDIA

There are various types of delegation of legislative power.

1. Skeleton delegation In this type of delegation of legislative power, the enabling

statutes set out broad principles and empowers the executive authority to make
rules for carrying out the purposes of the Act. A typical example of this kind is the
Mines and Minerals (Regulation and Development) Act, 1948.

2. Machinery type This is the most common type of delegation of legislative

power, in which the Act is supplemented by machinery provisions, that is, the
power is conferred on the concerned department of the Government to prescribe –

i) The kind of forms

ii) The method of publication

iii) The manner of making returns, and

iv) Such other administrative details

In the case of this normal type of delegated legislation, the limits of the delegated
power are clearly defined in the enabling statute and they do not include such
exceptional powers as the power to legislate on matters of principle or to impose
taxation or to amend an act of legislature. The exceptional type covers cases where

i) the powers mentioned above are given , or

ii) the power given is so vast that its limits are almost impossible of definition, or

iii) while limits are imposed, the control of the courts is ousted. Such type of
delegation is commonly known as the Henry VIII Clause. An outstanding example
of this kind is Section 7 of the Delhi Laws Act of 1912 by which the Provincial
Government was authorized to extend, with restrictions and modifications as it
thought fit any enactment in force in any part of India to the Province of Delhi.
This is the most extreme type of delegation, which was impugned in the Supreme
Court in the Delhi Laws Act case.17 It was held that the delegation of this type was
invalid if the administrative authorities materially interfered with the policy of the
Act, by the powers of amendment or restriction but the delegation was valid if it
did not effect any essential change in the body or the policy of the Act. That takes
us to a term "bye-law" whether it can be declared ultra vires? if so when ?

Generally under local laws and regulations the term bye-law is used such as

i) public bodies of municipal kind

17. AIR 1951 SC 332

ii) public bodies concerned with government, or

iii) corporations, or

iv) societies formed for commercial or other purposes.

The bodies are empowered under the Act to frame bye-laws and regulations for
carrying on their administration. There are five main grounds on which any bye-
law may be struck down as ultra virus. They are:

a) That is not made and published in the manner specified by the Act, which
authorizes the making thereof;

b) That is repugnant of the laws of the land;

c) That is repugnant to the Act under which it is framed;

d) That it is uncertain; and

e) That it is unreasonable

IV. Essential characteristics of Delegated Legislation:

1. The rules should contain short titles, explanatory notes, reference to earlier
amendments, etc. for clear understanding.

2. No extra-ordinary delay shall occur in making the subordinate legislation.

3. The administrative auth+ority should not travel beyond the powers given in
Parent Act.

4. Essential legislative functions cannot be delegated.

5. Sub-delegation (Delegatus non protest delegare) is not encouraged.

6. General rules should not be framed with retrospective operation, unless and until
the parent Act instructs to do so.

7. Discriminatory and arbitrary rules should not be framed.

8. Wide and sufficient publicity shall be given so that general public can know it.

9. In appropriate cases, consultation also shall be made for more effectiveness and
efficiency.

10. The Sub-ordinate authorities should not use rigid, crux and technical language
while preparing the rules, which may cause difficulty to understand by general
public.

11. The final authority of interpretation of the subordinate rules is vested to

Parliament and Courts. But the administrative authorities are not empowered and
authorised to interpret the statutes.

12. A tax or financial levy should not be imposed by rules.

13. Wherever it is necessary, the explanatory notes shall be given.

14. Public interest must be kept in view while delegating the powers, etc.

IV. THE NEED FOR DELEGATED LEGISLATION

Delegated legislation is necessary for a number of reasons: parliament does not

have time to contemplate and debate every small detail of complex regulations, as
it only has a limited amount of time to pass legislation, delegating legislation will
allow however thoroughly debated regulations to pass through as well as saving
parliamentary time.
Delegating legislation allows law to be made more quickly than parliament, which
is vital for times of emergency. Parliament takes longer as it does not sit all the
time and its procedures is generally quite slow and complex due to the several
stages each bill has to pass through. Delegated legislation can also be amended or
revoked relatively easily, so that the law can be kept up to date and so that the law
can meet future needs that arise such as areas concerning welfare benefits,
illustrating a great deal of flexibility in the system . Otherwise statutes can only be
amended or revoked by another complicated and time-consuming statute.

MPs do not usually have the technical knowledge/expertise required in for example
drawing up laws on controlling technology, ensuring environmental safety, and
dealing with different industrial problems or operating complex taxation schemes
whereas delegated legislation can use experts who are familiar with the relevant
areas.

• Another need of delegated legislation is that parliament may not always be the
best institution to recognize and deal with the needs of local people. As a result
local people elect councilors from certain districts and it is their responsibility to
pass legislation in the form of by-laws to satisfy local needs.

V. ADVANTAGES OF DELEGATED LEGISLATION

• Saves limited time in Parliament;

• Allow rapid change;

• MP's lack detailed or technical knowledge. E.g. Specific details in Abortion Act,
Road Traffic detail

• Enables minor changes to statutes, e.g. Variations in sentences, approval of motor

vehicle changes.
• Judicial review may be sought, by parties with Locus Standi (i.e. Persons
sufficiently affected by the legislation), so time is not wasted by Parliament
considering them all.

VI. DELEGATED LEGISLATION AS DISTINGUISHED FROM

ADMINISTRATIVE POWER

As is usual, the action by the administration is classified into “administrative,”

“Legislative”, “Judicial” or “quasi- judicial”.

Although thoughtful scholars decry such a conceptual classification of functions,

the fact remains that in the present state of administrative law it is not possible to
do away completely with such exercise of labelling. For instance, distinction
between administrative, Quasi-judicial, and legislative function is meaningful inter
alia because of the following factors :

(i) Publication

If an order is legislative in character, it has to be published in a certain manner, but

publication is not necessary if it is of an administrative nature. An administrative
order refers to a particular individual and in this respect it is required to be served
only on the individual concerned.

(ii) Principles of natural justice

In the case of adjudication, the administration is required to follow the principles

of natural justice, while in case of legislation no such requirement is necessary.

(iii) Grounds of judicial review

An administrative action may be challenged on the ground of mala fides. But it is

unlikely for such a challenge to prevail in case of delegated legislation.
(iv) Duty to give reasons

The requirement of duty to give reasons applies to administrative orders but not to
legislative orders.

(v) Sub-delegation

Differences between legislative and administrative actions also may become

significant when questions of sub-delegation of powers arise. Only in most
exceptional circumstances can legislative powers be sub-delegated, but
administrative powers can be sub-delegated.

Subject to what has been stated above, according to one test, the extent of
applicability of the act should be determined. A power to make rules of general
“applicability” is “legislative”, while a power to make orders in specific cases is
“administrative".18 As de Smith19 observes : “A distinction general and particular.”
With the help of this test it is possible to distinguish legislative function from
administrative action in a large number of cases, but then there are cases where the
test may break down for it is not easy to distinguish “general” from “particular".20
The difficulty here is that of distinguishing what is ‘general’ from what is
‘particular’, as the difference is only a matter of degree.

In India, the courts have proceeded so far on the basis that a power to fix prices is
administrative rather than legislative in nature. 21 22

18. Schwartz, American Administrative Law, 108 (1962)

19. Judicial Review of Administrative Action, 17 (1980)

20. Griffith and Street, principle of Administrative Law, 696 (1977)

21. Dwarka Prasad v. State of U.P. AIR 1954 SC 224

22. Diwan Sugar Mills v. Union of India AIR 1959 SC 626

But in Union of India v. Cynamide India Ltd.23 price fixation was held to be
legislative action. The power to fix tax rates is treated as legislative.24 Extension of
limits of town area committee is held to be legislative function.25

MERITS OF DELEGATED LEGISLATION26

a. Mitigates Time- There are many activities in which the government should be
concerned about. If every law making authority has been taken by the parliament,
it takes a lots time. In such cases parliament delegates the law making power to the
executive. This is because of the lack of time or the capacity in making laws for
regulation.

b. Flexibility- Every administration has been created by statutes. Each and every
administration has its own legislation and it is adaptable to various circumstances.
Only the administration knows the day to day happenings and the new regulation
will be made according to it.

c. Emergency Actions- Every administration with required discretion should be

better in dealing with the possible contingencies. If an emergency law is to be
created suddenly in the administration the concept of delegated legislation arises.

d. Close Contact with Science and Technology- The development of science and
technology has resulted in various functions in the modern state.

23. AIR 1987 SC 1802

24. Corporation of Calcutta v. Liberty Cinema AIR 1965 SC 1107

25. Tulsipur Sugar Company v. Notified Area Committee, Tulsipur, AIR 1980 SC 883

26. DELEGATED LEGISLATION S. Varun School of Excellence. In Law, Tamil Nadu Dr. Ambedkar Law
University, March 2017 | ISSN: 2394-5044, The World Journal On Juristic Polity
Due to rapid development of science and technology the legislature cannot be the
same. It should be transformed from the legislature to the executive17.

e. Administrative Legislation- The legislation which is been drafted by the

administration should be useful and familiar with their own departments. Only
when there is proper legislation the workers may work better compared to the lay
members comprising the legislature.

DEMERITS OF DELEGATED LEGISLATION27

a. Conflict of Sub-Delegation- When the legislative body is not responsible and if

it doesn’t deal with the creation of legislation, the problem of sub- delegation
arises. It means that the law making power goes to the other bodies than the
legislature. Finally it results with a conflict18 that the other parties should not be
accountable to the creation of legislation. It can be accountable only when the
legislative body authorizes to do so.

b. Lack of Publicity- It is not been known by the public, and there is lack of
publicity. The secondary legislation should also be noticeable. Every legislation
which is been made by the administration should be known to the other members.

c. Dependence on the Legislators- The courts are unable to review such

delegation. The administration should depend on the person who has created such
legislation. It becomes a problem as the court cannot review such legislation.

d. Power of High Courts- The term delegated legislation can be influenced by the
high courts, when compared to primary legislation.

27. Ibid
The legislation which is been made by the persons are not elected directly, and this
kind of legislation can be quashed19. This reduces the time of the parliament as the
government20 will have a legislative program that should keep the parliament busy.

e. Un-democratic- As a result, legislation is undemocratic21 as most of the rules

and regulations22 are been made by the unelected people and civil servants. The
local authority bylaws have been laid by the elected councilors.

Some Instances of Delegated Legislation

1. Advocates Act of 1961: Preamble of Act provides for maintaining

professional ethics and high standard of professional conduct. Bar Council

being an administrative body make rules in this regard.

2. Export & Import Act with only 8 sections in its fold, lays down rules for
export & import. Under the Act, Central Government has been given the power to
make rules necessary to meet the purpose of the Act.

3. Essential Commodities Act, 1955: The Act governs the maintenance and
supply of essential commodities like sugar, rice, wheat etc. Under the Act Central
Government has been given the power to implement rules and regulations for the
purpose of the Act.

4. Indian Medical Council Act: The preamble of the Act says to maintain high
standard and ethics of medical profession. Indian Medical Council makes rules in
this regard.

5. Right to Information Act, 2005: Section 27 of the Act empowers appropriate

government to make rules to carry out the provisions of the Act.
However, there may be some other form of rule making by the executive where
these provisions instead of being delegated by the legislature, they may be
conferred by the Constitution itself. Article 77 of the Constitution gives the powers
to the President to make rules for more convenient transaction of the business of
the Government. Even the ordinance making powers of the President under Article
123, and that of Governor under Article 213 cannot be taken as the delegated
legislation as those are the legislative powers in their hands.

RESEARCH METHODOLOGY

 PROBLEM OF THE STUDY:

Though Delegated Legislation is now universally accepted as “inevitable and

indispensable”, it is generally agreed that the tendency to delegate to the Executive
the legislative powers is dangerous. Political scientists and other interested in the
subject have felt that the concerned department or the authorities, to whom the
ancillary legislative powers have been delegated, regulate matters of substantive
nature which may closely affect the rights and interests of the citizens by requiring
them to comply with various conditions and formalities which might be restrictive
of individual rights and freedom. Therefore, it is necessary to have a mechanism to
control the acts of authorities which they perform through delegated legislation.

 RATIONALE:

As a result of increase in rule making power by administrative authority, two

pertinent questions crop up. First, how much power should be delegated by the
legislature to the subordinate authorities? And second, what restraints or safeguard
should be imposed upon the authorities exercising delegated powers? Today the
problem is not about the desirability or otherwise of delegated legislation but it is
regard to the control and safeguard which can be introduced to ensure effective
Judicial control over Subordinate Legislation so that the power conferred are not
abused or misapplied.

 HYPOTHESIS:

Judiciary has the inherent right to see that the powers delegated by it or legislature
to make rules, sub-rules, regulations, bye-laws, etc. have been exercised in
harmony with the term of the statute delegating such powers and also that they are
in accordance with the general principles of delegation. It has also the right to see
that rule- making powers conferred by the Constitution which are essentially of a
legislative character are properly exercised by the Executive. Judicial control over
delegated legislation is exercisable in several ways.

 OBJECTIVES:

The objectives of this project are:

1. To understand the concept of Delegated legislation.

2. To focus the position of Delegated legislation in India, England and USA.

3. To study about Conditional Legislation with distinction between delegated and

conditional legislation.

4. To understand the concept of Sub delegation and study about the control over it.

5. To analyze the causes of growth of delegated legislation in India.

6. To make study about the mechanism of the Judicial control over delegated
legislation.

 REVIEW OF LITERATURE:
1. C.K Takwani Lectures on Adminstrative Law. (ed5, Eastern Book Company
Lucknow)(2012)

2.

3.

4.

 NATURE OF STUDY:

The nature of the Study in this research work is doctrinal and is primarily
descriptive and analytical. This research work is largely based on primary sources
of data such as cases and reports of committees, however secondary and electronic
sources of data have been referred to a great extent. Books, case laws, journals and
other reference as guided are used for the completion of this project.

 LIMITATION OF THE STUDY:

Due to paucity of time and resource the researcher has dealt in brief the role of
Judiciary to control over delegated legislation bringing out various modes of this
control and its effectiveness in brief. Various cases have been taken into account
showing the approach of judiciary towards this control mechanism but not each
and every case is analyzed in their entirety.