Classification of Delegated Legislation
Classification of Delegated Legislation
1. Introduction
Delegated Legislation refers to laws or regulations made by an authority other than the legislature, under powers delegated by the legislature. This allows flexibility, expertise, and speedy law-making in specific areas.
It is broadly classified based on different criteria, mainly who makes the delegated legislation, its form, and its scope.
2. Types/Classification of Delegated Legislation
A. Based on the Authority Making the Legislation
Delegated Legislation by Ministers or Executive Authorities
The most common form where Ministers or government departments frame rules or regulations.
Example: Central Government framing rules under a statute.
Delegated Legislation by Local Authorities
Local government bodies or municipalities can make by-laws.
Example: Municipal corporation making rules about sanitation.
Delegated Legislation by Statutory Bodies or Corporations
Bodies created by statute such as regulatory commissions, public corporations, or tribunals.
Example: Securities and Exchange Board of India (SEBI) regulations.
B. Based on the Form of Delegated Legislation
Rules
Detailed directives issued under a statute to give effect to its provisions.
They deal with procedure or conduct.
Regulations
More elaborate than rules, often issued by statutory bodies or corporations.
Can cover a wide range of administrative details.
By-laws
Made by local authorities or corporations.
Have local application and deal with local matters.
Orders or Notifications
Often used for specific purposes like appointments, exemptions, or declarations.
C. Based on the Subject Matter
Substantive Delegated Legislation
Deals with creating new rights or obligations.
E.g., setting pollution limits by an environmental authority.
Procedural Delegated Legislation
Concerned with the procedure to be followed.
E.g., rules about court procedures or administrative processes.
3. Important Case Law Illustrating Classification and Principles
š¹ Case 1: A.K. Roy v. Union of India (1982) 1 SCC 271
Facts:
Challenged the use of delegated legislation under the Essential Services Maintenance Act.
Held:
The Supreme Court held that delegated legislation must not go beyond the scope of the parent Act.
Established the principle of ultra vires if delegated legislation violates statutory authority.
Significance:
Emphasized judicial control over delegated legislation.
Highlighted that delegated legislation is subject to the limits set by the legislature.
š¹ Case 2: Bhikaji Narain Dhakras v. State of Madhya Pradesh AIR 1955 SC 781
Facts:
A by-law made by a municipality was challenged as being unreasonable and beyond the authority.
Held:
The Court held that by-laws must be within the authority conferred by the statute and must be reasonable.
Significance:
Set limits on delegated legislation by local authorities.
Reinforced that delegated legislation is subject to judicial review for reasonableness.
š¹ Case 3: R.C. Cooper v. Union of India AIR 1970 SC 564
Facts:
Challenged certain regulations made under the Banking Companies Act.
Held:
The Supreme Court held that regulations must conform to the parent Actās purpose.
Delegated legislation cannot override or conflict with the Constitution or parent Act.
Significance:
Asserted that delegated legislation must be consistent with constitutional provisions.
Set a standard for scope and limits.
š¹ Case 4: Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295
Facts:
Challenged the use of delegated legislation (rules under Police Act) which authorized domiciliary visits.
Held:
The Court said delegated legislation cannot violate fundamental rights.
Delegated legislation is subordinate to the Constitution and fundamental rights.
Significance:
Affirmed constitutional supremacy over delegated legislation.
Judicial review protects fundamental rights against delegated laws.
š¹ Case 5: Cissna v. Union of India AIR 1961 SC 1742
Facts:
Challenged certain regulations made by statutory bodies.
Held:
Court held that delegated legislation by statutory bodies is valid if made within the scope of the statute.
Significance:
Clarified delegated legislation by statutory bodies or corporations.
Emphasized compliance with statutory limits.
4. Summary Table: Classification & Case Laws
| Classification Basis | Types | Relevant Case Law | Key Principles |
|---|---|---|---|
| Authority Making It | Ministers, Local Authorities, Statutory Bodies | Bhikaji Narain Dhakras | Must act within the scope of delegated power |
| Form of Delegated Legislation | Rules, Regulations, By-laws, Orders | R.C. Cooper, Bhikaji Narain Dhakras | Must be consistent with parent statute and Constitution |
| Subject Matter | Substantive, Procedural | A.K. Roy | Cannot exceed powers granted; subject to judicial review |
5. Conclusion
Delegated legislation is essential for detailed, technical, and flexible law-making but must strictly comply with the authority granted by the parent Act. Courts play a crucial role in ensuring that delegated legislation is within limits, reasonable, and does not violate constitutional provisions.
The classification helps understand the source, form, and purpose of delegated laws and provides a framework for judicial scrutiny, maintaining the balance between legislative delegation and constitutional supremacy.
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