A study on the growth and need of delegated legislation in India
📚 A Study on the Growth and Need of Delegated Legislation in India
🔹 1. Introduction to Delegated Legislation
Delegated legislation refers to laws or rules made by an authority (usually the executive or administrative bodies) under powers given by the parent (or enabling) legislation passed by the legislature.
In India, delegated legislation is an essential tool of modern governance because it enables detailed rules to be framed within the broad framework of laws passed by Parliament.
🔹 2. Why Delegated Legislation is Needed in India
✅ A. Complexity of Modern Governance
The issues that laws need to address today—such as cybercrime, environment, taxation, banking, pharmaceuticals—are highly technical. Legislators lack the expertise or time to go into minute details.
✅ B. Flexibility and Speed
Delegated legislation can be made or amended more quickly than formal legislation. This is critical in emergencies or dynamic policy areas (like public health or finance).
✅ C. Parliamentary Time Constraints
Parliament or State Assemblies deal with a huge number of bills and questions. Delegating rule-making helps reduce the legislative burden.
✅ D. Local Adaptation
Some rules require local or regional adaptations. Delegated legislation allows authorities at local levels (e.g., municipalities) to make rules suiting local conditions.
✅ E. Experimentation and Technicality
Rules often involve technical and procedural matters, which require constant fine-tuning based on field experience.
🔹 3. Types of Delegated Legislation in India
Rules: Made by the executive to fill in details of a statute.
Regulations: Framed by statutory bodies like SEBI, RBI.
By-laws: Made by local authorities (municipalities, panchayats).
Orders/Notifications: Issued by ministries or departments under statutory authority.
🔹 4. Growth of Delegated Legislation in India
India has witnessed an exponential increase in the use of delegated legislation, especially after independence.
Key areas where it has grown include taxation, public health, labour law, industrial regulation, and environmental protection.
Most Acts passed by Parliament now explicitly provide rule-making powers to the executive.
🔹 5. Safeguards Against Abuse
To prevent misuse of delegated legislation, Indian law incorporates:
Judicial Review (courts can strike down ultra vires or arbitrary delegated legislation).
Legislative control (rules are often laid before Parliament).
Procedural safeguards like prior consultation or publication.
🔹 6. Important Case Laws on Delegated Legislation in India
⚖️ 1. In re: Delhi Laws Act Case (1951) SCR 747
Facts:
The central government was empowered to extend laws to other areas and modify them while doing so.
Issue:
Whether this kind of delegation of legislative power was constitutional.
Held:
The Supreme Court upheld the delegation, but ruled that essential legislative functions (like determining legislative policy) cannot be delegated.
Significance:
Landmark case that laid the foundation for permissible delegation in India.
Introduced the principle that delegation is valid, but policy must be set by legislature.
⚖️ 2. A.K. Roy v. Union of India (1982) 1 SCC 271
Facts:
The National Security Ordinance was challenged for giving wide powers to the executive.
Issue:
Whether such wide powers without detailed guidance were valid.
Held:
The court upheld the law but cautioned against excessive delegation.
Significance:
Reiterated that essential functions like laying down legislative policy cannot be delegated.
Delegated legislation must be within reasonable limits.
⚖️ 3. Hamdard Dawakhana v. Union of India (1960) AIR 554
Facts:
The Drugs and Magic Remedies Act allowed the government to prohibit advertisements of certain drugs.
Issue:
Was this an excessive delegation of legislative power?
Held:
The Supreme Court struck down a part of the Act as it did not provide clear guidance, making the delegation excessive.
Significance:
This case set limits on how much discretion can be given to the executive.
⚖️ 4. Vasanlal Maganbhai Sanjanwala v. State of Bombay (1961) AIR 4
Facts:
The government was given power to regulate rents under the Bombay Rent Act.
Issue:
Was such power valid under delegated legislation?
Held:
The Court upheld the delegation, as the parent Act clearly stated policy and limits.
Significance:
Reinforced that if guidance is provided, delegation is permissible.
⚖️ 5. Avinder Singh v. State of Punjab (1979) 1 SCC 137
Facts:
A municipal law allowed the local body to impose taxes without clear criteria.
Issue:
Whether such power to impose taxes can be delegated.
Held:
The court upheld the power, as municipal bodies operate under statutory guidance.
Significance:
Affirmed that local self-governments can be given broad powers under appropriate statutory frameworks.
🔹 7. Legal Principles Evolved from Case Law
| Principle | Description |
|---|---|
| Essential Function Doctrine | Legislature must decide policy, objective, and basic framework. |
| Non-delegable Functions | Core legislative tasks (like deciding rights, duties) cannot be delegated. |
| Permissible Delegation | Details and implementation can be delegated if guidance is provided. |
| Judicial Review | Courts can strike down delegated legislation that is ultra vires, arbitrary, or unreasonable. |
🔹 8. Conclusion
The growth of delegated legislation in India is both natural and necessary in the context of a welfare, democratic, and administratively complex state. While it allows for flexibility, speed, and technical input, constitutional and judicial safeguards ensure that such power is not abused.
The Indian judiciary has consistently upheld the need for delegated legislation while also drawing firm boundaries to prevent excessive or arbitrary delegation. Going forward, delegated legislation will continue to play a central role, but with accountability, transparency, and judicial oversight.
RELATED Blog
0 comments