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Section 153: Rules, regulations and schemes to be laid before Parliament

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 36 of 2020
Section 152 All 163 Sections of Code on Social Security, 2020 Section 154

Legal Commentary & Landmark Judgments: Section 153

Section 153 of the Code requires all rules, regulations, and schemes made under the Code by the Central Government to be laid before each House of Parliament for thirty days, subjecting delegated legislation to supreme democratic scrutiny.

  • Mandatory Parliamentary Laying Requirement: Requires every rule, regulation, and scheme framed by the Central Government to be laid before Parliament while it is in session for a total period of thirty days.
  • Bicameral Legislative Modification & Annulment Powers: Empowers both Houses of Parliament to modify or annul any delegated rule, ensuring executive accountability to the elected legislature.
  • Savings for Actions Taken Prior to Modification: Provides that any modification or annulment by Parliament shall be without prejudice to the validity of anything previously done under that rule.
Key Landmark Precedents:
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: Supreme Court analyzed the constitutional nature of parliamentary laying clauses, holding that they ensure continuous legislative oversight of executive rule-making.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed that laying labor welfare regulations before Parliament satisfies the constitutional requirement of democratic accountability.
  • State of Rajasthan v. Union of India (1977) 3 SCC 592: Supreme Court affirmed that parliamentary control over delegated legislation is an integral feature of constitutional separation of powers.
Courtroom Practice & Strategic Litigation Guidance:

In litigating the validity of an executive rule or notification under the Code, check parliamentary records: if a mandatory laying requirement was breached or if Parliament modified the rule, challenge executive enforcement on grounds of procedural ultra vires.

Section 152 All 163 Sections of Code on Social Security, 2020 Section 154