Judicial Control over Delegated Legislation | Procedural Ultra Vires - 9 Cases | Administrative Law
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 Published On Oct 3, 2021

In this video lecture, we will understand the concept of Procedural Ultra Vires. There are three types of procedural requirements that are given in statutes namely consultation, publication, and laying of Delegated Legislation before Parliament, non-compliance of which leads to the invalidity of Delegated Legislation. This lecture focuses on the first two types of procedural requirements as I have covered the third type in the Legislative control over Delegated Legislation video -    • Legislative Control over Delegated Le...   

The entire area is covered with the help of the following 9 cases in a detailed manner:
1. Govindlal Chhaggan Lal Patel v. Agricultural Produce Market Committee 1975
2. Raza Buland Sugar Co. Ltd. V. Municipal Board, Rampur 1964
3. B K Srinivasan v. State of Karnataka 1987
4. State of Orissa v. Sridhar Kumar 1985
5. Bhausaheb Tavnappa v. State of Maharashtra 1982
6. Kalipada Chowdary v. Union of India 1963
7. Rajnarain Singh v. Chairman, Patna Administration Committee 1954
8. Hindustan Zinc Ltd v. Andhra Pradesh  State Electricity Board  1991
9. Union of India v. Cynamide 1987 

Through these cases, we will understand how the courts decide the validity of delegated legislation for non-compliance of provision having procedural requirements by analyzing whether those provisions are either6mandatory or directory.

Topics Covered: (Timestamp)
0:00 Introduction - Procedural Ultra Vires
06:13 Govindlal Chhaggan Lal Patel v. Agricultural Produce Market Committee 1975
10:31 Raza Buland Sugar Co. Ltd. V. Municipal Board, Rampur 1964
18:03 B K Srinivasan v. State of Karnataka 1987
26:27 State of Orissa v. Sridhar Kumar 1985
30:31 Bhausaheb Tavnappa v. State of Maharashtra 1982
35:15 Kalipada Chowdary v. Union of India 1963
40:22 Rajnarain Singh v. Chairman, Patna Administration Committee 1954
44:27 Hindustan Zinc Ltd v. Andhra Pradesh  State Electricity Board  1991
47:59 Union of India v. Cynamide 1987 
53:23 Conclusion 

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