Promulgation and enforceability of delegated legislation

Delegated legislation, unlike plenary legislation enacted by Parliament, is framed within executive chambers without open legislative debate. For subordinate legislation to acquire the binding force of law, it must first exist in law, which requires publication in the precise manner ordained by the legislature. The requirement of publication in the Official Gazette serves a dual constitutional purpose of ensuring accessibility and notice to affected persons while maintaining accountability and solemnity in exercising delegated power. Publication is not a mere empty formality but the essential statutory act by which an executive decision is transformed into enforceable law. Courts consistently insist upon strict compliance with publication requirements as a mandatory condition precedent for enforceability. Without such publication, an executive notification remains an unfulfilled intention rather than a binding legal obligation. Consequently, unpublished delegated legislation cannot curtail existing rights or impose fresh liabilities upon citizens under any circumstances. (Viraj Impex Pvt. Ltd. v. Union of India & Anr. | 2026 INSC 80)