Delegated Legislation: Limits, Purpose, and Judicial Control
Overview: In 2023 SCMR 1776, the Supreme Court of Pakistan reaffirmed that delegated legislation is intended to enforce the law, not override the parent statute.
The Dividing Line
Legislature
Declares policy and enacts the law.
Delegate
Fills in procedural and technical details to give effect to that law.
The Doctrine of Ultra Vires
A rule may be struck down if:
- It exceeds the scope of the enabling provision.
- It defeats the legislative intent.
- It imposes substantive burdens not contemplated by the parent statute.
In 2023 SCMR 1776, the Supreme Court of Pakistan delivered a powerful reminder regarding the boundaries of executive power. While the legislature routinely delegates rulemaking authority to the executive out of practical necessity, this delegation is not a blank cheque. The Court emphasized that delegated legislation exists solely to fill in the operational details and carry out the objectives of the parent Act. An executive body, acting as a delegate, cannot use this rulemaking power to alter the substantive rights, liabilities, or essential policies established by the legislature. Any rule or notification that exceeds the mandate of the enabling statute, contradicts its provisions, or creates new obligations not contemplated by Parliament, is termed 'ultra vires' and is legally void. This principle safeguards the separation of powers and ensures that the executive does not usurp the legislative function under the guise of making rules.
Final Word: Delegated legislation may enforce, clarify, and operationalize—but it may never override, enlarge, or diminish the law enacted by the legislature.
Frequently Asked Questions
Question: Can a government regulation change the meaning of an Act of Parliament?
Answer: No. 2023 SCMR 1776 establishes that delegated legislation cannot amend, expand, or contradict the substantive provisions of the parent statute.