Section 105: Rules and regulations to be laid before each House of Parliament

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 105

Section 105 mandates that every rule and regulation made under the Act must be laid before both Houses of Parliament for thirty days, establishing democratic legislative oversight over delegated legislation.

  • Mandatory Parliamentary Laying Protocol: Requires every rule made by the Central Government and every regulation made under the Act to be laid before each House of Parliament while in session for a total of thirty days.
  • Negative Resolution Procedure: Empowers Parliament to modify or annul any rule or regulation, with such modification or annulment taking effect without prejudice to the validity of anything previously done.
  • Democratic Scrutiny of Subordinate Enactments: Ensures that executive and regulatory delegated legislation remains accountable to the elected legislature.
Key Landmark Precedents:
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: The Supreme Court held that statutory requirements of laying delegated legislation before Parliament are generally directory, but reflect essential legislative superintendence over executive rulemaking.
  • D.K. Trivedi & Sons v. State of Gujarat, 1986 Supp SCC 20: The Supreme Court recognized that parliamentary laying clauses provide an effective mechanism for legislative oversight, ensuring that subordinate rules conform to the enabling parent enactment.
Courtroom Practice & Strategic Litigation Guidance:

In constitutional or administrative challenges to consumer protection rules or regulations, consult parliamentary bulletins to ascertain whether the thirty-day laying requirement under Section 105 was fulfilled and whether any legislative amendments were proposed.