Classification of Delegated Legislation
Delegated Legislation: Definition
Delegated legislation refers to laws or rules made by an authority (often the executive) under powers delegated by the legislature. It is a way for legislatures to delegate detailed lawmaking to other bodies or officials for practical reasons like technical expertise, flexibility, and expediency.
Classification of Delegated Legislation
Delegated legislation can be classified based on different criteria such as the form it takes, the authority that makes it, or the purpose it serves. The most common classification is based on form:
1. Rules
2. Regulations
3. By-laws
4. Orders (or Orders-in-Council)
5. Notifications
1. Rules
Definition: Rules are detailed directions issued under the authority of a statute.
Purpose: They explain or implement the provisions of the parent Act.
Made by: Usually government ministers or officials.
Example: Rules relating to the procedure of a government department.
2. Regulations
Definition: Regulations are a type of delegated legislation that prescribe how certain matters under the Act must be carried out.
Purpose: To regulate the conduct or procedure, often more detailed than rules.
Made by: Usually by executive or administrative bodies.
Example: Environmental regulations under an Environment Protection Act.
3. By-laws
Definition: By-laws are laws made by local authorities, corporations, or other bodies empowered by statute.
Purpose: To regulate local or specific activities within their jurisdiction.
Made by: Local municipal authorities, public corporations, or statutory bodies.
Example: Traffic regulations by a municipal corporation.
4. Orders or Orders-in-Council
Definition: Orders are directions or commands issued by the executive authority or government.
Purpose: To enforce or administer the law, sometimes temporarily.
Made by: The executive branch or cabinet.
Example: Imposition of curfews during emergencies.
5. Notifications
Definition: Official announcements published in the Gazette which may declare certain laws or rules effective.
Purpose: To inform the public or specify details such as commencement dates.
Made by: Government authorities.
Example: Notification of commencement of a statute.
Case Law Illustrating Delegated Legislation and Its Classification
1. Subhash Kumar v. State of Bihar (AIR 1991 SC 420)
Issue: Challenged the validity of certain rules framed by the state government under the Mines Act.
Held: Rules framed under delegated legislation must conform to the parent Act; if they go beyond or contradict, they are invalid.
Significance: Established the principle that delegated legislation is subordinate to the Act and cannot exceed its scope.
2. A.K. Kraipak v. Union of India (AIR 1969 SC 150)
Context: Concerned the administrative authorities making regulations under statutory authority.
Held: Delegated legislation is subject to judicial review if it violates fundamental principles of natural justice.
Significance: Ensured that rules and regulations cannot be arbitrary.
3. R.D. Shetty v. International Airport Authority of India (AIR 1979 SC 1628)
Issue: Authority delegated power to frame tender rules.
Held: Such delegation must be within the limits of the enabling Act, and the authority framing rules cannot delegate further without authorization.
Significance: Demonstrated limits on sub-delegation and reinforced control over delegated legislation.
4. British Oxygen Co. v. Minister of Technology (1970) 3 All ER 1107 (UK case, but relevant for doctrine)
Facts: Concerned the interpretation and limits of delegated legislation.
Held: Courts must ensure delegated legislation is within the parent statute’s boundaries.
Significance: Emphasizes that delegated legislation is subsidiary and must adhere to the parent Act’s purpose.
5. Shamsher Singh v. State of Punjab (AIR 1974 SC 2192)
Issue: The validity of by-laws made by a municipal corporation was challenged.
Held: By-laws must conform to the parent Act and cannot be ultra vires.
Significance: Reinforced that by-laws, as delegated legislation, are subject to judicial review and must follow statutory limits.
Summary Table of Classification with Cases
| Type | Authority | Purpose | Representative Case |
|---|---|---|---|
| Rules | Govt. Ministers/Officials | Procedural directions | Subhash Kumar v. State of Bihar |
| Regulations | Executive/Admin Bodies | Detailed regulation of conduct | A.K. Kraipak v. Union of India |
| By-laws | Local Authorities | Local regulation | Shamsher Singh v. State of Punjab |
| Orders | Executive/Cabinet | Enforcement or temporary commands | R.D. Shetty v. International Airport Authority of India |
| Notifications | Govt. Authorities | Announcements or commencement | (Generally judicially unchallenged unless ultra vires) |
Additional Notes
Judicial Control: Courts exercise control over delegated legislation to ensure it stays within the authority conferred by the parent Act.
Procedural Safeguards: Many delegated legislations require publication in the official Gazette.
Practical Importance: Delegated legislation allows laws to be updated and detailed without passing new Acts of Parliament.
RELATED Blog
0 comments