An analysis of administrative law in India and the control that the parliament of India has over administrative rule-making.
Written in 2008; 4,583 words; 7 sources; MLA; $ 118.95
Paper Summary:
This paper analyzes parliamentary control over administrative rule-making in India. It describes the various classifications of administrative action and then briefly defines the meaning of administrative rule-making. Next, the paper provides some insight into the concept of why administrative rule-making is necessary in the administration of the country. The paper then looks at the kinds of parliamentary control imposed over the administrative rule-making so as to keep a perfect balance between its power of delegation and its ultimate authority. Finally, the paper compares the situation in India and the United States.
Table of Contents:
Introduction
Chapter 1- Administrative Rule-Making: Meaning and Concept
Chapter 2 - Parliamentary control over Administrative Rule-Making
Chapter 3- A Comparative Study of the Parliamentary Control over Administrative Rule-Making: India and USA
Conclusion
From the Paper:
"The position of our country regarding the same has already been discussed in the previous chapter. In this chapter, the same shall be discussed regarding USA. The position in the United States is significantly different. For the U.S. Congress operates under a written constitution and the courts have the authority to interpret the Constitution and thereby declaring a congressional ruling unconstitutional if it conflicts with their views of the Constitution. Also the doctrine of 'delegaus non potest delegare' holds in United States, which means that a delegate cannot further delegate its powers. Thus, the Congress being a delegate of the people cannot further entrust its powers to any other agency."
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