The principle that a delegated legislation i.e.

, a rule, regulation, circular, notification cannot override

or supersede or in other terms, have a contrary effect to the scheme and object of a statute, is a
fundamental rule of statutory interpretation.

The abovementioned principle has been upheld by the Supreme Court in the following cases:

Assam Company Limited and Others vs. State of Assam and Others (Citation: AIR 2001 SC 1485)

“… It is an established principle that the power to make rules under an Act is derived from the
enabling provision found in Act. Therefore, it is fundamental that a delegate on whom such power
is conferred has to act within the limits of the Act and it cannot enlarge the scope of the Act. A
delegate cannot override the Act either by exceeding the authority or by making provision which is
inconsistent with the Act. Any Rule made in exercise of such delegated power has to be in
consonance with the provisions of the Act, and if the Rule goes beyond what the Act contemplates,
the Rule becomes in excess of the power delegated under the Act, and if it does any of the above,
the Rule becomes ultra vires of the Act.”

Kerala Samsthana Chethu Thozhilali Union vs. State of Kerala and Others (Citation: AIR 2006 SC
3480)

“The power of delegated legislation cannot be exercised for the purpose of framing a new policy.
The power can be exercised only to give effect to the provisions of the Act and not de’hors the
same. While considering the carrying out of the provisions of the Act, the court must see to it that
the rule framed therefore is in conformity with the provisions thereof”

Ashok Lanka and Another vs. Rishi Dixit and Others (Citation: AIR 2005 SC 2821)

“… We are not oblivious of the fact that framing of rules is not an executive act but a legislative
act; but there cannot be any doubt whatsoever that such subordinate legislation must be framed
strictly in consonance with the legislative intent as reflected in the rule making power….”

Bombay Dyeing & Mfg Co. Ltd vs. Bombay Environmental Action Group and Ors. (Citation: AIR
2006 SC 1489)

“A subordinate legislation from being intra vires the Constitution, should not also be ultra vires the
parent Act under which it has been made. A subordinate legislation, it is trite, must be reasonable
and in consonance with the legislative policy as also give effect to the purport and object of the
Act.”

Hotel Balaji and Others vs. State of AP and Others (Citation: AIR 1993 SC 1048 )

“….The necessity and significance of the delegated legislation is well accepted and needs no
elaboration at our hands. Even so, it is well to remind ourselves that rules represent subordinate
legislation. They cannot travel beyond the purview of the Act.”