Administrative Law Content
Constitutionality of Delegated Legislation
Constitutionality of delegated legislation means the permissible limits of the constitution of any country within which the legislature, which as the sole repository of law making power, can validly delegate rule making power to other administrative agencies.
Meera Gurung Vs central Immigration Department Themel: Rules 14(4) of Foreign Immigration Rules was declared null andvoid.
Reena Bajracharya and others v. RNAC and others: Rule 16.1.3 of Royal Nepal Airlines Corporations Workers Rule ultra vires.
Balkrishna Neupane vs. Cabinet Secretariat and other: Rule 3.4(a) (b) (c) of Citizenship Rules 2049 was quashed.
Lilamani Poudel v. HMG: Rules 6(2) of Legal Aid Regulation 2055 was declared void as it is inconsistence to Art. 14(5), 11 of the constitution.
Chandra Kant Gyawali and others v. HMG and others: Bye-law 21(1) of the Prison Rules was declared null and void as it violate the Article 11(1)(2)(3) of the Constitution.
Aachuta Prasad Kharel vs. prime Minister, Office of Council of Minister and others: Rule 5(2)(3) of Appointment and Service/ facilities Regulation of Official of Nepal council of Legal Professional, 2055was against the principle of natural justice and Art. 24(9) of the of the constitution.
So, constitutionality test of the delegated legislation is the one of the strong mechanism to control the delegated legislation in context of Nepal. This constitutionality test of the delegated legislation protect the essence of the Constitution i.e. Right to equality and non discrimination. Thus any rule inconsistence with the Constitution will be the matter of judicial review and court declare it void ab initio. Thus, Constitutionality test of the delegated legislation make administrative action accountable towards the citizens and keep within the preview of the Constitution for the protection of the Constitutional rights and the welfare of the country.
Constitution is the fundamental law of the land and any laws, bylaws or the regulation promulgated should be consistent with the constitution. If any laws inconsistent with the constitution is declared null and void to the extent of inconsistency with the constitution. If parliament exceeds its legislative power and makes any law contrary to the constitution provisions and principles, Supreme Court under Article 107(1) and (2) of the constitution has power of judicial review can declare these laws ultra vires