Constitutionality of Delegated Legislation
🔹 What is Delegated Legislation?
Delegated legislation (also called subordinate legislation) refers to laws or rules made by an authority other than the legislature but under powers conferred by the legislature. Essentially, the legislature delegates its legislative power to the executive or other bodies.
Examples include:
Rules and regulations framed by government ministers or departments.
Bye-laws made by local authorities.
Orders or notifications issued under a parent Act.
🔹 Why is Delegated Legislation Necessary?
Complexity & Technicality: Modern governance requires detailed rules that the legislature cannot feasibly frame due to complexity.
Expediency: Allows quick adaptation to changing circumstances without going through the full legislative process.
Local Knowledge: Local authorities or specialized bodies are better suited to make detailed laws for specific contexts.
Volume of Work: Helps reduce the burden on the legislature.
🔹 Constitutional Provisions Regarding Delegated Legislation in India
While the Constitution does not explicitly use the term "delegated legislation," it permits delegation of legislative powers under certain circumstances:
Article 245: Parliament and state legislatures have power to make laws, but can delegate powers to others.
Article 246: Specifies the subject matter of laws by Parliament and states but does not prohibit delegation.
Article 254: In case of inconsistency between central and state laws, the central law prevails, which may include delegated legislation.
Article 312: Empowers Parliament to create All-India Services, which can involve delegated rule-making.
Additionally, many statutes specifically empower authorities to make rules or regulations.
🔹 Constitutionality of Delegated Legislation
Delegated legislation is constitutional if:
There is a valid delegation of legislative power by the legislature.
The delegated authority acts within the limits prescribed by the parent Act.
The rules or regulations made are consistent with the Constitution and the parent statute.
🔹 Limits and Control on Delegated Legislation
To ensure constitutionality, courts impose certain limits:
1. No Excessive Delegation (Non-Delegation Doctrine)
Legislature cannot abdicate or delegate its essential legislative functions.
Delegation must be of rule-making powers, not the power to make laws on broad principles.
2. Clear Guiding Principles
The parent Act must contain adequate guidelines and standards to guide the delegated authority.
Delegated legislation must be reasonable and not arbitrary.
3. Judicial Review
Courts can review delegated legislation for:
Constitutional validity.
Compliance with the parent Act.
Reasonableness and non-arbitrariness.
Violation of fundamental rights.
🔹 Key Case Law on Constitutionality of Delegated Legislation
1. Rajasthan State Electricity Board v. Mohan Lal (1967)
The Supreme Court upheld the validity of delegated legislation framed under a statute, emphasizing that delegation is allowed if the statute provides sufficient guiding principles.
Held that complete abdication of legislative power is not allowed, but partial delegation with guidelines is valid.
2. A.K. Roy v. Union of India (1982)
The Court struck down the Constitution (Forty-Second Amendment) Act provisions that allowed arbitrary delegation.
Emphasized the limits on delegation and that powers should not be used arbitrarily.
3. Union of India v. Tulsiram Patel (1985)
The Court ruled that rules made by the delegated authority must be consistent with the parent Act.
Delegated legislation that exceeds the powers conferred by the statute can be declared invalid.
4. Golak Nath v. State of Punjab (1967)
Although mainly a fundamental rights case, it dealt with limits on legislative and delegated powers when violating fundamental rights.
5. Bhagwati v. Union of India
This case emphasized that delegated legislation must not violate fundamental rights or the basic structure of the Constitution.
🔹 Doctrine of Ultra Vires in Delegated Legislation
If delegated legislation goes beyond the scope of the enabling Act, it is called ultra vires (beyond powers).
Such legislation is invalid and can be struck down by courts.
🔹 Conclusion
Delegated legislation is a necessary tool for modern governance and is constitutionally valid when exercised within the framework of the parent Act and the Constitution.
It must have clear guidelines, be reasonable, and must not violate fundamental rights.
The judiciary plays a vital role in reviewing delegated legislation to ensure it remains within constitutional bounds.
Excessive or arbitrary delegation undermines the separation of powers and the rule of law, which courts actively prevent.
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