Reviewed case brief

Banwarilal Agarwalla v. State of Bihar

AIR 1961 SC 849

Clarified that where the parent Act makes laying before legislature a condition precedent to validity of rules, failure to lay renders the rules void ab initio — not merely irregular.

administrative-lawdelegated-legislationlayingmandatory-procedurelegislative-control
Court
Supreme Court of India
Year
1961
Subjects
Administrative Law
Reviewed
2026-06-30

Rule established

Where laying before legislature is mandatory condition for validity of delegated legislation, rules not laid are void ab initio

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Massey, Administrative Law

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.