Concept of delegated legislation and an obberview pf parliamentary committes on delegated legislation
⚖️ Concept of Delegated Legislation and Overview of Parliamentary Committees on Delegated Legislation
I. Concept of Delegated Legislation
Definition
Delegated legislation, also known as subordinate legislation or secondary legislation, refers to the rules, regulations, by-laws, orders, or notifications made by an authority (often the executive) under powers delegated by the legislature through an enabling or parent statute.
Why Delegated Legislation?
The legislature (Parliament or State Legislature) often lacks the time or technical expertise to frame detailed rules.
Enables specialized authorities to make regulations with flexibility.
Useful for rapid lawmaking to meet emergent or technical requirements.
Allows laws to be updated or amended easily without going through the full legislative process.
Forms of Delegated Legislation
Rules: Made by the executive or administrative authorities.
Regulations: Often made by statutory bodies or commissions.
By-laws: Made by local authorities or corporations.
Orders/Notifications: Administrative directions affecting rights.
Conditions for Valid Delegated Legislation
Must be authorized by a valid enabling Act.
Must conform to the limits set by the parent Act.
Must not exceed the delegated powers (ultra vires principle).
Should follow procedural safeguards (like publication or parliamentary scrutiny).
II. Parliamentary Control over Delegated Legislation
Since delegated legislation involves non-legislative bodies making laws, parliamentary control is necessary to ensure democratic accountability and prevent misuse.
Mechanisms of Parliamentary Control
Laying Before Parliament
Delegated legislation must be placed before Parliament for scrutiny.
Negative Resolution Procedure
Delegated legislation becomes law unless Parliament annuls it within a specified period.
Affirmative Resolution Procedure
Certain delegated laws require express approval of Parliament before they can take effect.
Scrutiny by Parliamentary Committees
Specialized committees examine the delegated legislation for legality, excess of power, or inconsistency.
III. Parliamentary Committees on Delegated Legislation
Purpose
These committees play a vital role in scrutinizing the delegated legislation to ensure it complies with the parent Act and does not violate constitutional principles or fundamental rights.
The Committee on Delegated Legislation (India)
Constituted under the Rules of Procedure and Conduct of Business of Parliament.
Consists of Members of Parliament.
Examines whether the delegated legislation:
Is within the scope of the enabling Act.
Imposes taxes beyond the authorized limits.
Violates fundamental rights or principle of natural justice.
Has retrospective effect without authority.
Has improper delegation to an unauthorized person or authority.
Function
Reports to Parliament on irregularities.
Can recommend annulment or amendment.
Ensures transparency and accountability in delegated lawmaking.
IV. Important Case Laws on Delegated Legislation and Parliamentary Control
1. A.K. Roy v. Union of India, AIR 1982 SC 710
Facts:
The Constitution (42nd Amendment) empowered the executive to make laws restricting fundamental rights during emergencies. The delegation was challenged.
Held:
The Supreme Court emphasized that delegation must be within the scope of the enabling Act and Parliament must provide clear guidelines or principles.
Significance:
Established that excessive delegation without clear principles is unconstitutional.
Parliament's role in setting clear limits is essential.
2. R.C. Cooper v. Union of India, AIR 1970 SC 564
Facts:
The ordinance regarding banking companies was challenged for being ultra vires.
Held:
The Court invalidated the ordinance as it delegated legislative powers without adequate guidelines.
Significance:
Reaffirmed that delegated legislation must conform to the parent statute.
Parliament's supervisory role is crucial.
3. S.P. Gupta v. Union of India, AIR 1982 SC 149
Facts:
Challenge to the wide powers delegated to the executive without proper safeguards.
Held:
The Supreme Court observed that Parliament must retain control over delegated legislation by specifying clear limits and procedures.
Significance:
Emphasized parliamentary control via committees and resolutions.
4. K.C. Gajapati Narayan Deo v. State of Orissa, AIR 1953 SC 55
Facts:
Validity of regulations made under the Orissa Estate Abolition Act was challenged.
Held:
The Court upheld delegated legislation when Parliament provides clear guidance and control.
Significance:
Validates the principle that delegated legislation with proper parliamentary oversight is constitutional.
5. Union of India v. Harbhajan Singh, AIR 1964 SC 1562
Facts:
The delegation of legislative power in the Defence Services Rules was challenged.
Held:
Court held that such delegated legislation is valid if Parliament supervises it properly.
Significance:
Reinforces parliamentary supervision over delegated powers.
V. Summary Table of Case Laws
| Case | Key Principle |
|---|---|
| A.K. Roy v. Union of India | Delegation must have clear guidelines |
| R.C. Cooper v. Union of India | Delegated legislation must conform to parent Act |
| S.P. Gupta v. Union of India | Parliamentary control and limits are essential |
| K.C. Gajapati Deo v. Orissa | Valid delegation with parliamentary oversight |
| Union of India v. Harbhajan Singh | Parliamentary supervision ensures validity |
VI. Conclusion
Delegated legislation is an indispensable part of the legislative process, allowing efficient law-making by specialized agencies and the executive. However, it carries the risk of excessive delegation and abuse of power. Hence, parliamentary control through scrutiny, resolutions, and committees is vital to safeguard democratic accountability and constitutional principles.
Parliamentary Committees on Delegated Legislation ensure that subordinate legislation remains within legal boundaries, respects fundamental rights, and adheres to the policy objectives laid down by the legislature.
Together, the doctrine of delegated legislation and parliamentary oversight maintain the balance between flexibility and control in modern lawmaking.
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