Conditional legislation vs delegated legislation
📘 Conditional Legislation vs Delegated Legislation
Both involve Parliament giving some powers to the Executive or other authorities — but they’re not the same.
🔹 1. Conditional Legislation
Definition:
Parliament completes the legislative work, but the operation or enforcement of the law depends on a condition being fulfilled — usually by the executive or an external authority.
✅ Power is only to bring the law into effect under certain conditions.
❌ No power to make or alter the substance of the law.
Key Feature:
No law-making power is given — only conditional application or activation.
🔹 2. Delegated Legislation
Definition:
Parliament delegates actual law-making power to another body (usually the executive), often in the form of rules, regulations, by-laws, etc.
✅ Power is to frame rules or fill in the details of a law.
✅ Usually justified for technical, complex, or local matters.
Key Feature:
The delegate creates legal rules within the framework set by Parliament.
🔄 Key Differences:
| Feature | Conditional Legislation | Delegated Legislation |
|---|---|---|
| Who makes the law? | Parliament | Delegate (Executive or Authority) |
| Power given | Only to apply or activate the law | Power to make rules or regulations |
| Discretion level | Little to no discretion | High discretion in framing rules |
| Example | Law comes into effect after notification | Executive frames motor vehicle rules |
📚 Case Law — Conditional Legislation vs Delegated Legislation
Here are 6 key cases where courts interpreted and distinguished between these two forms of legislative action:
🧑⚖️ 1. Queen v. Burah (1878) — Privy Council (India)
Facts:
Act empowered the Lieutenant Governor to extend laws to a territory if needed.
Held:
This was conditional legislation, not delegation. The law was complete — it just depended on a condition (decision of the Governor).
Significance:
➤ Introduced the concept of conditional legislation in Indian context.
➤ Parliament can entrust application, not creation, of law.
🧑⚖️ 2. In re Delhi Laws Act Case (1951) — Supreme Court of India
Facts:
Parliament allowed the Central Government to extend laws to Delhi and modify them.
Held:
Simple extension = conditional legislation ✅
Modification of existing law = delegated legislation ✅, but with limits
Excessive delegation of essential legislative function is unconstitutional
Significance:
➤ Landmark case that drew the boundary:
Parliament can delegate details, but not essential legislative functions like creating core rights or duties.
🧑⚖️ 3. Raj Narain Singh v. Chairman, Patna Administration (1954)
Facts:
Power given to apply certain municipal rules to a new area.
Held:
Court said this was conditional legislation — no power to create new rules, only apply existing ones.
Significance:
➤ Confirms: If the law is complete, and only application is left to the executive = conditional.
🧑⚖️ 4. Ajoy Kumar Banerjee v. Union of India (1984)
Facts:
The executive was given the power to amend a schedule attached to the law.
Held:
This was delegated legislation — changing the schedule was like changing part of the law, which is a legislative function.
Significance:
➤ Shows that if modification affects rights/duties, it’s not mere condition — it's delegation.
🧑⚖️ 5. Hamdard Dawakhana v. Union of India (1960)
Facts:
Law banned advertisements for certain drugs, but allowed the executive to expand the list.
Held:
The Court struck down part of the law: it gave excessive legislative discretion to the executive.
Significance:
➤ Parliament cannot delegate essential legislative powers, like defining what is prohibited.
🧑⚖️ 6. D.S. Gerewal v. State of Punjab (1959)
Facts:
Executive was allowed to frame rules for enforcement of disciplinary actions.
Held:
This was valid delegated legislation, because the law laid down clear policy and guidelines.
Significance:
➤ Delegation is allowed if:
Policy is defined by legislature
Delegate only fills in procedural or technical details
🧠 Summary Table: Case Law Comparison
| Case Name | Type | Principle Established |
|---|---|---|
| Queen v. Burah (1878) | Conditional | Law is complete; executive only activates it |
| Delhi Laws Act (1951) | Both | Delegation OK if not of essential legislative power |
| Raj Narain Singh (1954) | Conditional | Applying existing law = conditional, not delegated |
| Ajoy Kumar Banerjee (1984) | Delegated | Changing a schedule = legislative power |
| Hamdard Dawakhana (1960) | Delegated (struck) | Cannot delegate definition of prohibited actions |
| D.S. Gerewal (1959) | Delegated | Valid if guided by policy and standards |
⚖️ Key Takeaways
Conditional legislation lets the executive say when a law starts, or where it applies — but not what it says.
Delegated legislation lets the executive or agencies fill in the details, as long as Parliament provides:
Clear policy
Defined limits
Courts strike down excessive or unguided delegation — protecting separation of powers.
RELATED Blog
0 comments