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Section 179: Rules and regulations to be laid before Parliament

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 178 All 185 Sections of Electricity Act Section 180

Legal Commentary & Landmark Judgments: Section 179

Section 179 of the Act requires every rule made by the Central Government, every regulation made by the CEA, and every regulation made by the Central Commission to be laid before each House of Parliament for thirty days.

  • Mandatory Parliamentary Laying Requirement: Obligates the Central Government, CEA, and CERC to lay all rules and regulations 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 or regulation, ensuring democratic legislative supervision.
  • 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 or regulation.
Key Landmark Precedents:
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: Supreme Court analyzed parliamentary laying clauses, holding that they ensure continuous democratic oversight of delegated legislation.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench held that laying CERC regulations before Parliament under Section 179 reinforces their status as binding subordinate legislation.
  • Energy Watchdog v. CERC (2017) 14 SCC 80: Affirmed the constitutional robustness of parliamentary scrutiny under the Electricity Act.
Courtroom Practice & Strategic Litigation Guidance:

In litigating the validity of an executive rule or CEA regulation under the Act, examine 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 178 All 185 Sections of Electricity Act Section 180