Section 199: Rules to be laid before Parliament

Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Simplified Explanation

Key Features of Section 199

1. Parliamentary Oversight:
   • Ensures that every rule made under the Act is subject to the scrutiny of both Houses of Parliament.
2. Time Frame for Scrutiny:
   • Rules must be laid before Parliament for a total of 30 days, which can be distributed across one or multiple sessions.
3. Possibility of Modification or Annulment:
   • Both Houses of Parliament can agree to:
     • Modify the rule.
     • Annul the rule entirely.
   • This decision must be made before the end of the session following the one in which the rule was presented.
4. Retrospective Validation:
   • Any modification or annulment does not affect actions already taken under the rule before its modification or annulment.

Explanation

1. Purpose:
   • To maintain a system of checks and balances, ensuring that rules made under the Act align with legislative intent and public interest.
2. Legislative Accountability:
   • Provides a mechanism for Parliament to intervene if a rule is found to be inappropriate or inconsistent with the objectives of the Act.
3. Flexibility with Safeguards:
   • While the rule-making authority is delegated to the Central Government, this section ensures that Parliament retains the ultimate authority to approve, modify, or revoke such rules.

Practical Implications

1. Transparency:
   • Rules are subjected to public and parliamentary scrutiny, promoting transparency and accountability in governance.
2. Corrective Mechanism:
   • If a rule is inconsistent or problematic, Parliament can modify or annul it without requiring an amendment to the Act.
3. Continuity of Past Actions:
   • Ensures that any action taken under a rule before its annulment or modification remains valid, avoiding legal disputes.

Example Scenarios

1. New Taxation Rules:
   • Rules regarding railway taxation under Section 184 may be laid before Parliament to ensure they align with broader financial policies.
2. Environmental Regulations:
   • Rules made for environmental compliance of railway operations might undergo parliamentary scrutiny to balance operational needs and environmental sustainability.
3. Technological Updates:
   • Rules for integrating new transport modes under Section 183 could be reviewed to ensure feasibility and safety standards.

Conclusion

Section 199 upholds the principle of legislative supremacy while allowing the executive flexibility to frame rules. It ensures that Parliament has the final say, providing a mechanism for oversight and correction, thereby balancing governance efficiency with democratic accountability.