Constituionality of Delegated Legislations
Constitutionality of Delegated Legislation: Detailed Explanation
1. Introduction
Delegated legislation (also called subordinate or delegated law) refers to laws or regulations made by an authority other than the legislature, under powers conferred by the legislature through an enabling statute.
It is necessary because legislatures cannot deal with every detail of law-making due to volume and technicality.
Delegated legislation includes rules, regulations, orders, notifications, by-laws, etc.
However, since it involves law-making by non-elected authorities, its constitutionality is subject to judicial scrutiny.
2. What is Constitutionality of Delegated Legislation?
Constitutionality of delegated legislation means that such legislation must conform to the Constitution of India, including:
The parent Act or enabling statute under which it is made,
The fundamental rights guaranteed by the Constitution,
The distribution of powers between the legislature and the executive,
The principles of natural justice and rule of law.
If delegated legislation violates any of these, it can be declared unconstitutional and invalid by courts.
3. Need for Judicial Review
Delegated legislation has force of law, so its constitutionality must be ensured.
Courts act as a guardian of the Constitution and ensure delegated legislation does not exceed the authority delegated (i.e., it should not be ultra vires).
Judicial review ensures that delegated legislation is:
Within the limits of the parent Act,
Reasonable and not arbitrary,
Does not violate fundamental rights or constitutional principles.
4. Types of Ultra Vires (Beyond Powers) in Delegated Legislation
Substantive Ultra Vires: When delegated legislation goes beyond the powers granted by the parent Act.
Procedural Ultra Vires: When the procedure prescribed in the parent Act for making the delegated legislation is not followed.
Constitutional Ultra Vires: When delegated legislation violates constitutional provisions.
Unreasonableness: When delegated legislation is arbitrary, oppressive, or unreasonable.
5. Tests for Constitutionality
Parent Act Rule: Delegated legislation must conform strictly to the scope and intent of the enabling statute.
Reasonableness Test: It must be reasonable and not arbitrary.
Fundamental Rights Test: It must not violate any fundamental rights.
Procedure Test: Must comply with procedural requirements set by the parent Act.
Legislative Delegation Test: The delegation must not amount to an abdication of legislative power.
Important Case Laws on Constitutionality of Delegated Legislation
1. A.K. Roy v. Union of India (1982)
Issue: Constitutionality of certain rules framed under the Industrial Disputes Act, 1947.
Held: Rules violating fundamental rights and going beyond the parent Act were struck down.
Principle: Delegated legislation must conform to the Constitution and parent Act; excessive delegation violating rights is unconstitutional.
2. R.C. Cooper v. Union of India (1970)
Issue: Delegated legislation under the Bank Nationalization Act.
Held: The Supreme Court invalidated parts of the legislation for being arbitrary and violating fundamental rights.
Principle: Delegated legislation cannot infringe constitutional rights arbitrarily; must be reasonable and within statutory limits.
3. K.C. Gajapati Narayan Deo v. Orissa (1953)
Issue: Whether the executive could delegate legislative power without proper guidelines.
Held: The delegation was held valid as there was adequate guidance in the parent Act.
Principle: Delegation is valid if the legislature lays down sufficient principles and policies to guide the delegate.
4. Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)
Issue: Whether excessive delegation amounts to abdication of legislative power.
Held: The Court held that there cannot be unfettered delegation; the legislature must provide adequate guidance.
Principle: Delegation without guidelines is unconstitutional.
5. Delhi Laws Act Case (Union of India v. Delhi Laws Act) (1951)
Issue: Validity of delegated legislation conflicting with the Constitution.
Held: Delegated legislation inconsistent with constitutional provisions was struck down.
Principle: Constitution is supreme, and subordinate legislation inconsistent with it is void.
6. S.C. Prasad v. Union of India (1954)
Issue: Procedural compliance in framing delegated legislation.
Held: Non-compliance with mandatory procedural requirements made the delegated legislation invalid.
Principle: Procedural ultra vires leads to invalidity.
Summary Table of Key Principles
| Case | Principle |
|---|---|
| A.K. Roy v. UOI (1982) | Delegated legislation must conform to parent Act & fundamental rights |
| R.C. Cooper v. UOI (1970) | No arbitrary or unreasonable delegated legislation |
| K.C. Gajapati Narayan Deo (1953) | Valid delegation requires clear guidelines in parent Act |
| Bhikaji Narain Dhakras (1955) | Excessive delegation without guidelines is invalid |
| Delhi Laws Act Case (1951) | Constitution overrides inconsistent delegated legislation |
| S.C. Prasad v. UOI (1954) | Procedural compliance is mandatory for validity |
Conclusion
Delegated legislation is a necessary and efficient tool for governance but must operate within constitutional and statutory limits. Indian courts have consistently emphasized the need for:
Clear legislative guidance,
Compliance with procedural requirements,
Respect for fundamental rights,
Prevention of arbitrariness and unreasonableness.
Failure to adhere to these principles results in the delegated legislation being declared unconstitutional and void.
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