Incompetency of executive circulars to override statutory mandates

Executive instructions, office memorandums, letters, and departmental clarifications issued by various ministries possess no statutory force and cannot override, modify, or restrict clear legislative provisions enacted by Parliament. The Union of India through its various ministries lacks the legal authority to issue circulars that read additional exclusions into Section 59(2) of the Factories Act beyond what the legislature explicitly prescribed. Administrative guidelines cannot be permitted to curtail or take away benefits that are statutorily guaranteed to workmen under a welfare legislation. When a conflict arises between executive clarifications and the plain language of a parliamentary enactment, the statutory text must invariably prevail over administrative interpretations. Different government ministries cannot adopt conflicting stances or issue arbitrary clarifications that run counter to the scheme of the parent statute. The executive branch must operate strictly within the bounds of delegated powers and cannot arrogate to itself the power to amend primary legislation through internal memorandums. Judicial review consistently strikes down administrative orders that attempt to bypass statutory protections or impose unauthorized financial restrictions on employees. The rule of law demands that rights conferred by an act of Parliament cannot be extinguished by subordinate executive instructions. (Union of India & Others v. Heavy Vehicles Factory Employees' Union and Another | 2026 INSC 74)