Hamdard Dawakhana v. Union of India

Facts

• Drugs and Magic Remedies (Objectionable Advertisements) Act prohibited advertising drugs claiming magical/miraculous cures
• Government made rules under the Act that went beyond the statutory prohibition
• Rules purported to regulate areas not covered by the parent Act's delegation clause
• Hamdard Dawakhana (Unani medicine manufacturer) challenged the rules

Issue

1. Whether rules made under delegated authority can extend to matters not covered by the parent Act's scope?

Held

• Delegated legislation must operate within the four corners of the enabling statute
• Rules cannot travel beyond what the parent Act authorizes
• If parent Act prohibits advertising of "magic remedies," rules cannot extend to regulate legitimate drug advertising generally
• Ultra vires rules are void and have no legal force
• The test: does the rule serve the purpose of the parent Act and fall within the subject-matter of delegation?

Ratio Decidendi

Delegated legislation derives its entire authority from the parent Act. It cannot exceed the scope of that authority. The executive cannot use rule-making power to expand its own jurisdiction beyond what legislature intended. If a rule covers subject-matter not within the delegation clause, it is ultra vires: null and void.