Subordinate Legislation Committee

UPDATED: 23/07/2022
CHAIRPERSON

Vallabhaneni, Shri Balashowry

Date of Constitution - 14-May-2025
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COMMITTEE ON SUBORDINATE LEGISLATIONThe most effective control that Lok Sabha exercises over subordinate legislation isthrough its scrutiny Committee the “Committee on Subordinate Legislation:. For the first timethe Committee was constituted in December, 1953 and has been constituted since then fromyear to year.The functioning of the Committee on Subordinate Legislation, Lok Sabha is largelygoverned by the Rules 317 - 322 of Rules of Procedure and Conduct of Business in LokSabha* and Directions 103 – 108 of Directions by the Speaker, Lok Sabha. *Functions.The functions of the Committee on Subordinate Legislation are to scrutinize and reportto the House whether the powers to make regulations, rules, sub-rules, bye-laws etc. conferredby the Constitution or delegated by Parliament are being properly exercised within suchdelegation.[Rule 317]Examination of OrdersThe Committee on Subordinate Legislation examine all Regulations, Rules, Sub-rules,Bye-laws, etc. commonly known as ‘Orders’, whether laid on the Table of the House or not,framed in pursuance of the provisions of the Constitution or a statute delegating power to asubordinate authority, to make such Orders.[Dir. 103(1)]After an ‘Order’ is published in the Gazette, it is examined by the Lok Sabha Secretariatto determine whether it is required to be brought to the notice of the Committee on any of thegrounds laid down in rule 320 of the Rules and Procedures and Conduct of Business in LokSabha or in accordance with any practice or direction of the Committee. In other words Rule320 ibid primarily prescribe the scope of examination of the statutory orders which reads asunder:-“320. After each such Order referred to in rule 319 is laid before the House, theCommittee shall, in particular, consider—(i) whether it is in accord with the general objects of the Constitution or the Act pursuanttowhich it is made;(ii) whether it contains matter which in the opinion of the Committee should moreproperly be dealt with in an Act of Parliament.Note: For further details of Rules of Practice and Conduct of Business in Lok Sabha and Directions by Speaker kindly refer to HomePage of Lok Sabha
(iii) whether it contains imposition of any tax;(iv) whether it directly or indirectly bars the jurisdiction of the courts(v) whether it gives retrospective effect to any of the provisions in respect of which theConstitution or the Act does not expressly give any such power;(vi) whether it involves expenditure from the Consolidated Fund of India or the publicrevenues;(vii) whether it appears to make some unusual or unexpected use of the powersconferred by the Constitution or the Act pursuant to which it is made;(viii) whether there appears to have been unjustifiable delay in its publication or in layingit before Parliament; and(ix) whether for any reason its form or purport calls for any elucidation.”Examination of BillsThe Committee also examine provisions of Bills which seek to—(i) delegate powers to make ‘Orders’, or(ii) amend earlier Acts delegating such powers, with a view to see whether suitableprovisions for the laying of the ‘Orders’ on the Table of the House have been made therein.The procedure for examination of the Bills is the same as in case of ‘Orders’.[Dir. 103(2) & (3)]Examination of Bills Referred to Committee by SpeakerThe Speaker may also refer Bills containing provisions for delegation of legislativepowers to the Committee and where a Bill is so referred, the Committee shall examine —(i) the extent of such powers sought to be delegated; and(ii) where powers are sought to be delegated to State Governments or other authoritiesfor bringing into operation any subsidiary provisions or to make any further rules orregulations, the necessity for such delegation as well as the extent and manner in whichsuch powers shall be exercised by the subordinate authorities concerned.Where the Committee is of opinion that the provisions contained in the Bill delegatinglegislative powers should be annulled wholly or in part, or should be amended in any respect, itmay report that opinion and the grounds thereof to the House before the Bill is taken up forconsideration in the House.[Dir. 103A]
Composition and TermThe Committee shall consist of not more than fifteen members who shall be nominatedby the Speaker: Provided that a Minister shall not be nominated a member of the Committee,and if a member, after nomination to the Committee is appointed a Minister, such member shallcease to be a member of the Committee from the date of such appointment. The term of officeof members of the Committee shall not exceed one year.[Rule 318(1) & (2)]Study ToursDuring consideration of any rule/regulation or bye law etc. commonly as ‘Order’ if theCommittee feel that an on-the-spot study visit should be undertaken of a particular organizationto gain first hand information about the application of ‘Order’, the Committee may, with thespecific approval of the Speaker, undertake tour of the organization connected with the ‘Order’.ReportsThe Committee presents its Reports to the House from time to time. If the Committee isof opinion that any Order should be annulled wholly or in part, or should be amended in anyrespect, it shall report that opinion and the grounds thereof to the House. Further, if theCommittee is of opinion that any other matter relating to any Orders should be brought to thenotice of the House, it may report that opinion and matter to the House.[Rule 321 (1) & (2)]The Speaker may issue such directions as may be considered necessary for regulatingthe procedure in connection with all matters connected with the consideration of any questionof Subordinate Legislation either in the Committee or in the House.[Rule 322]On the recommendations contained in the reports of the Committee, the Government isrequired to take action within six months and keep the Committee informed of the action takenor proposed to be taken in each case. The Action Taken by the Government on therecommendations/observations of the Committee are examined and included in the Actiontaken Report which is also presented to the House.
Some of the important recommendations/observations made by the Committee are asunder:-Important recommendations/observations made by the Committee(i) Provision of Rule 70 of the Rules of Procedure and Conduct of Business in Lok Sabhaare mandatory and therefore compliance therewith should invariably be made in case of everyBill which involves delegation of legislative power to the Central Government or to any otherauthority.(ii) Ordinarily, rules should be framed under an Act as soon as possible after its coming intoforce and in no case this period should exceed six months.(iii) As far as possible, the use of complicated language in the rules should be avoided. Rulesshould be specific and definite. The use of vague expressions (like ‘unreasonable largequantity’), which may be interpreted differently by different persons, is to be avoided.(iv) In cases where the rules are required to be published in the draft form, a period of notless than 30 clear days should invariably be given to the public to send theircomments/suggestions on the draft rules.(v) ‘Orders’, required to be laid before the House, should be laid within a period of 15 daysafter their publication in the Gazette, if the House is in session. And if the House is not then insession, the ‘Orders’ should be laid on the Table as soon as possible (but within 15 days) afterthe commencement of the following session, whenever, ‘Orders’ are laid after an inordinatedelay, an explanatory note giving the reasons for such delay should be appended thereto.(vi) All rules framed by Government, pursuant to Constitutional or statutory provisions, shouldinvariably be published in the Gazette for public information.(vii) Like rules, regulations should also be, laid before Parliament and there should be aprovision to this effect in the relevant statutes.(viii) When the principal rules are required to be laid before Parliament, all statutory ordersmade under the rules should also be laid on the Table.(ix) Whenever rules are laid on the Table of the House, a Statement of Objects and Reasonsand also explanatory notes on the rules should also be appended thereto. When new rules
amending the original rules are laid on the Table the relevant extracts of the original rules soughtto be amended should also be attached to amending rules.(x) Only matters of procedure and details should be spelt out through SubordinateLegislation. Substantial matters should, more appropriately, be dealt within the Act itself.(xi) No charges should be levied unless there is an express authorisation therefor in theparent law.(xii) The power to impose fees by rules or bye-laws should expressly be given in the parentAct.(xiii) The provision to recover dues of excise duty as arrears of land revenue, being in thenature of an extreme remedy, is a substantive provision for which a specific authorisiation mustbe made in the Act itself rather than in the rules framed thereunder.(xiv) Retrospective effect to Subordinate legislation cannot be given without an expressauthorisation therefor in the parent Act. Even the cases where the Government has the power togive effect to Subordinate Legislation such powers should be exercised only in unavoidablecircumstances, and the Rules/Regulations framed thereunder should in each case beaccompanied by an explanatory note or memorandum affirming that no one was likely to beadversely affected as a result of retrospective effect given thereto.(xv) Rules should not be so framed as to cause an injustice.(xvi) Rules should conform to the principles of natural justice. Conferring the right of beingheard to the party adversely affected by a decision of the Executive, recording in writing thereasons for such decision, and communicating the same to the party concerned are the basicrequirements of natural justice.(xvii) When a right of appeal has been given to an aggrieved person, the right should not bejust illusory. Some reasonable time limit for filling an appeal should be provided.(xviii) Some safeguard should be imposed before delegate is given wide powers to sub-delegate the authority to another functionary.(xix) Having regard to the fact that the manner of filling vacancies and principles ofdetermining seniority are basic ingredients of any service rules, these should be incorporated inthe rules and not left to be determined through executive instructions.(xx) Relaxation of rules should be with respect to a class or category of persons and not to anindividual, so as to obviate the possibility of discrimination among persons similarly placed.
Further, in case an exemption provision is incorporated in rules, it should be provide, ‘for reasonsto be recorded in writing’ before grant of an exemption.(xxi) In cases where power to conduct searches/seizures is vested in officers, the minimumrank of the officers empowered to exercise such a power should be specified in the rules.Further, safeguards like presence of witnesses, preparation of inventories and giving copiesthereof to the persons concerned should be provided.(xxii) In cases of recruitment of Group ‘A’ and Group ‘B’ posts, the relevant recruitment Rulesshould contain provision regarding consultation with the Union Pubic Service Commission.(xxiii) The provisions of extreme nature such as service of order, summons or notices etc.should not form part of the rules. If absolutely necessary, these should be provided for in theparent Act.(xxiv) The Communications addressed by the Committee should be dealt with the concernedMinistry/Department at a sufficiently high level and replies thereto should be signed by seniorofficers not below the rank of Deputy Secretary.(xxv) In cases where the rules/regulations/bye-laws are published in draft form for invitingcomments/suggestions from the public, those should be finalised and notified in final form within aperiod of 3 months after the receipt of comments/suggestion.

Officer responsible for supply of the information for the Committee:

Shailendra Priyadarshi

Deputy Secretary

Phone No.

Local: (011)23034434, 23035002

Email ID

cosl-lss[at]sansad[dot]nic[dot]in