regulation

In general usage a regulation is subordinate (delegated) legislation: rules framed by a statutory body, such as SEBI, RBI or a university, under power given by the parent Act. It must stay within that power; a regulation that goes beyond it, or conflicts with the Act or the Constitution, is ultra vires and void.

The Constitution also uses “regulation” in a specific sense: the President may make regulations for certain Union territories (Article 240), and the Governor may make regulations for Scheduled Areas (Fifth Schedule, paragraph 5(2)). These have the force of an Act. Statutes often distinguish “rules” made by the government from “regulations” made by the body itself, usually with the government's approval.

Example

The SEBI regulation imposed a penalty the SEBI Act did not authorise, so it was struck down as ultra vires the parent Act.

In Indian law

• Article 240, Constitution of India (regulations for Union territories)
• Fifth Schedule, paragraph 5(2), Constitution of India (regulations for Scheduled Areas)

See also

delegated legislation · rule · ultra vires · notification

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Classification of administrative action (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Public corporations and public undertakings: status, classification, liability and control (Administrative Law)