C.K. Thakker, Administrative Law, Eastern Book Company, p.154-155

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The Committee on Subordinate Legislation has made the following recommendation in order to

streamline the process of delegated legislation in India.

(i) Power of judicial review should not be taken away or curtailed by rules.
(ii) A financial levy or tax should not be imposed by rules.
(iii) Language of the rules should be simple and clear and not complicated or ambiguous.
(iv) Legislative policy must be formulated by the legislature and laid down in the statute
and power to supply details may be left to the executive, and can be worked out
through the rules made by the administration.
(v) Sub-delegation in very wide language is improper and some safeguards must be
provided before a delegate is allowed to sub-delegate his authority to another
functionary.
(vi) Discriminatory rules should not be framed by the administration.
(vii) Rules should not travel beyond the rule-making power conferred by the parent Act.
(viii) There should not be inordinate delay in making of rules by the administration.
(ix) The final authority of interpretation of rules should not be with the administration.
(x) Sufficient publicity must be given to the statutory rules and orders.1

The working of the Committee is on the whole satisfactory and it has proved

1
C.K. Thakker, Administrative Law, Eastern Book Company, p.154-155.

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