Subordinate legislation

Similarly, where the power to enact sub-statutory legislation is vested in any authority, the same can only be exercised within the four corners of the statute, in a manner consistent with the provisions of the statute.

Briefly, the petitioners (mining companies) filed the present constitutional petition challenging the validity of the Sindh Coal Mines Rules, 2016 framed under the Sindh Coal Act, 2012, on the ground that the Rules were promulgated without prior approval of the Cabinet and thereafter notices were issued to them under the said Rules requiring compliance in respect of various matters; during proceedings, it was acknowledged that Cabinet approval had not been obtained at the time of framing of the Rules but was subsequently granted, and the petitioners sought relief against the impugned notices issued under the said Rules

Held: Rules framed without prior approval of the cabinet were of no effect

High Court set aside the impugned notices on the ground that the same were anchored in the rules which were not framed in accordance with the requirement of ratio laid down by the Supreme Court

Moreover, no action in terms of the said rules were to be taken unless the matter was reconsidered by the cabinet and the fresh rules were framed

Constitutional petition was disposed of, in circumstances.

Delegator cannot denude itself of its authority either to revoke the delegation or to exercise its power as a parent authority, however, only in cases where the delegatee has already decided the matter, the delegator cannot revisit the decision of the delegate unless an express power is conferred in this regard.

Delegator cannot denude itself of its authority either to revoke the delegation or to exercise its power as a parent authority, however, only in cases where the delegatee has already decided the matter, the delegator cannot revisit the decision of the delegate unless an express power is conferred in this regard.

Concept of subordinate legislation by way of rules is to toe the object of the main statute and not to collide with scheme of law

Subordinate rules can only function in conformity with the main statue in order to give effect to the statutory provisions.

Mere fact that power has been conferred on the Authority to make rules and regulations does not authorize framing of delegated legislation that is inconsistent with or repugnant to parent Act

Levy of a charge, which falls within an essential legislative function cannot be delegated.

Rules or progency of a statute which are made by the competent authority in exercise of its delegated legislation are confined and limited to the law under which they are framed.

Such legislation had to be interpreted in a way which conformed to and stayed within the parameters of the parent statute.

Subordinate legislation that runs contrary to statute, falsifies very object of parent law or creates hurdles in achievement of purpose of the principle statute has to be declared illegal and without lawful effect.

Rules/notifications being subordinate legislation were subservient to the parent statute and issuance of any instrument/notification under delegated authority was aimed to fulfill and advance the aim of the parent statue and could not nullify express provisions of the parent statute/Act.

Rules framed under a statute could not enlarge the scope of the parent statute; more particularly when such parent statute was penal in nature or created liability.

Grievance of petitioners was that only customs officials of Manufacturing Bond Control Office were vested with powers for verification, examination and assessment of goods which were to be exported as per terms and conditions of license

Validity

Matter related to exports, warehousing and examination etc. of exported goods was governed under Schedule-III of Customs Act, 1969

Policy regarding such matters could only be framed through rules under S.219 of Customs Act, 1969 and not through S.223 of Customs Act, 1969

High Court declared letter in question to be without lawful authority and of no legal effect

Constitutional petition was allowed in circumstances.