A study on what can and cannot be delegated by the legislature
🏛️ Delegation of Legislative Power: An Overview
Delegation of legislative power occurs when the legislature (Parliament or State Legislatures) entrusts some part of its law-making authority to another body or authority—often the executive or administrative agencies.
Why Delegation?
Complexity of modern governance requires specialized, flexible, and prompt law-making.
The legislature cannot frame all detailed rules.
Delegation helps in efficient implementation of laws.
📌 What Can be Delegated by the Legislature?
Rule-making powers: Details or subordinate legislation under an Act (e.g., framing rules, regulations, by-laws).
Administrative and executive functions: Powers to enforce and administer laws.
Authority to determine facts: Agencies may be authorized to ascertain facts before applying legal rules.
Quasi-legislative powers: Making regulations, orders, or notifications within the framework of the parent Act.
📌 What Cannot be Delegated by the Legislature?
Essential legislative functions: The core power to make primary laws cannot be delegated.
Power to change or amend the fundamental features of the Act.
Powers inconsistent with the constitution.
Delegation which amounts to abdication of legislative responsibility.
⚖️ Constitutional Position
Article 246: Legislative powers.
Delegation must conform to Article 14 (equality), Article 19, and other fundamental rights.
The principle of non-delegation: The legislature cannot abdicate or transfer its essential legislative functions.
📚 Landmark Case Laws on Delegation of Legislative Powers
1. A.K. Roy v. Union of India (1982) AIR 710
Facts: Validity of certain rules framed by the executive under the Maintenance of Internal Security Act (MISA) was challenged.
Held:
Delegation is permissible as long as guiding principles and policies are laid down by the legislature.
The executive can fill in details through rules or regulations.
Significance:
Established the "Guiding Principles" test for valid delegation.
Delegated legislation must have a clear policy framework set by the legislature.
2. Union of India v. R. Gandhi (1978) AIR 597 (also known as the “Bombay Municipal Corporation Case”)
Facts: The delegation of powers to municipal authorities was challenged.
Held:
The legislature can delegate powers if it specifies the limits, scope, and purpose.
Delegation of the “essential legislative functions” is not allowed.
Significance:
Affirmed the distinction between permissible delegation and unconstitutional abdication.
3. State of Rajasthan v. G. Chawla (1955) AIR 476
Facts: The Rajasthan legislature enacted a law empowering the government to make rules to restrict certain trades.
Held:
Delegation to make rules or regulations is valid, provided legislative control and guidelines exist.
No abdication of power if the primary legislation contains adequate standards.
Significance:
Early recognition of permissible delegation in administrative law.
4. Delhi Laws Act Case (Union of India v. Association of Civil Engineering Contractors, AIR 1969 SC 1220)
Facts: Validity of laws made by authorities empowered by the legislature.
Held:
The legislature cannot delegate legislative power in broad terms without guiding principles.
However, detailed rules and regulations can be framed by subordinate authorities.
Significance:
Emphasized the necessity of safeguards and checks on delegated powers.
5. G.C. Kappa v. State of Madras (1953) AIR 381
Facts: Delegation of power to executive officials was challenged as unconstitutional.
Held:
Allowed delegation for non-essential legislative functions.
Essential legislative power cannot be delegated.
Significance:
Helped evolve the essential legislative function doctrine.
6. Ram Jawaya Kapur v. State of Punjab (1955) AIR 549
Facts: Challenge to certain delegated powers under the Punjab Excise Act.
Held:
The legislature must lay down definite principles and policies.
Delegated authority cannot have unfettered discretion.
Significance:
Reinforced the "intelligible principle" test for delegation.
7. Lachhman Dass v. State of Punjab (1954) AIR 388
Facts: Delegation of power to make rules affecting personal liberties.
Held:
Delegation which infringes fundamental rights is invalid.
Delegation must be reasonable and within the limits prescribed by the Constitution.
Significance:
Upheld constitutional restrictions on delegation.
📜 Summary of Tests for Valid Delegation
| Test | Meaning |
|---|---|
| Intelligible Principle Test | Legislature must lay down clear guiding principles to limit discretion. |
| Essential Legislative Function Test | Core law-making power cannot be delegated; only details can be. |
| Reasonableness Test | Delegated power must be exercised reasonably, not arbitrarily. |
| Non-Abdication Test | Legislature cannot abdicate or transfer entire legislative power. |
🧾 Summary Table of Cases
| Case Name | Key Principle |
|---|---|
| A.K. Roy v. Union of India | Delegation valid with guiding principles and policy framework. |
| Union of India v. R. Gandhi | No delegation of essential legislative functions. |
| State of Rajasthan v. G. Chawla | Delegation valid with adequate legislative guidelines. |
| Delhi Laws Act Case | Legislature must provide safeguards and limits to delegated power. |
| G.C. Kappa v. State of Madras | Allowed delegation of non-essential functions. |
| Ram Jawaya Kapur v. Punjab | Intelligible principle test applied. |
| Lachhman Dass v. Punjab | Delegation cannot infringe fundamental rights. |
✅ Conclusion
The legislature can delegate subordinate or rule-making powers, provided it lays down clear principles and policies.
Essential legislative functions, such as making primary laws, cannot be delegated.
Delegated powers must be exercised within the bounds of reasonableness and constitutionality.
Courts have evolved various tests (intelligible principle, essential functions) to ensure delegation does not become abdication.
Delegation is vital for effective governance but must maintain checks and balances to safeguard democratic accountability.
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