Delegated legislation & Fundamental Rights
Delegated Legislation & Fundamental Rights
What is Delegated Legislation?
Delegated legislation (also called subordinate or delegated legislation) refers to laws or regulations made by an authority (such as government ministers, administrative agencies, or local bodies) under powers conferred by an Act of the legislature. This enables detailed rules and regulations to be framed efficiently without needing the full parliamentary process each time.
Importance & Issues
Delegated legislation allows the legislature to focus on broad principles while details are filled in by experts.
It is essential for efficient governance but can raise issues related to fundamental rights when subordinate laws potentially restrict or infringe upon constitutional freedoms.
The scope of judicial review over delegated legislation is a key safeguard against arbitrary or unconstitutional exercises of delegated powers.
Relation to Fundamental Rights
Delegated legislation must conform to the Constitution, including fundamental rights.
It cannot override or abridge fundamental rights guaranteed under Part III of the Constitution.
Courts can strike down delegated legislation if it:
Violates fundamental rights.
Exceeds the powers granted by the parent statute (ultra vires).
Is unreasonable, arbitrary, or mala fide.
Key Case Laws on Delegated Legislation and Fundamental Rights
1. A.K. Kraipak v. Union of India (1969) AIR 150
Facts: The case involved a rule framed under delegated legislation concerning recruitment procedures.
Holding: The Supreme Court held that delegated legislation must not be arbitrary and must conform to principles of natural justice.
Significance: This case established that even delegated legislation affecting fundamental rights or interests must be reasonable, fair, and not violate natural justice.
2. Maneka Gandhi v. Union of India (1978) AIR 597
Facts: The government used delegated legislative powers to impound Maneka Gandhi’s passport.
Holding: The Supreme Court ruled that the right to travel abroad is part of personal liberty under Article 21 and cannot be curtailed except by procedure established by law which is just, fair, and reasonable.
Significance: Emphasized that delegated legislation affecting fundamental rights is subject to judicial scrutiny for reasonableness and fairness.
3. Ramlila Maidan Incident Case (2012) AIR 3025
Facts: The case involved the power of authorities under delegated legislation to impose restrictions on freedom of assembly under Section 144 CrPC.
Holding: The Court held that any restriction under delegated legislation that affects fundamental rights must be reasonable, and arbitrary use of such power is unconstitutional.
Significance: Reaffirmed that delegated legislation cannot violate fundamental rights arbitrarily.
4. Bachan Singh v. State of Punjab (1980) AIR 898
Facts: The case dealt with rules made under delegated legislation concerning the death penalty.
Holding: The Supreme Court held that the procedure and conditions imposed by delegated legislation must align with constitutional protections.
Significance: This case demonstrated that delegated legislation framing procedures affecting fundamental rights (like the right to life) must strictly comply with constitutional safeguards.
5. In Re Delhi Laws Act (1951) AIR 332
Facts: This case examined whether the delegated legislation could override fundamental rights.
Holding: The Supreme Court stated that delegated legislation cannot be used to curtail or take away fundamental rights guaranteed by the Constitution.
Significance: It laid down the principle that fundamental rights are supreme and delegated legislation must conform to them.
6. Union of India v. Tulsiram Patel (1985) AIR 1413
Facts: The case involved a regulation made under delegated legislation that restricted the right to trade and profession.
Holding: The Supreme Court held that delegated legislation restricting fundamental rights under Article 19 must be reasonable and justifiable.
Significance: Reiterated the need for reasonableness in any restriction imposed by delegated legislation.
Summary of Principles
| Principle | Explanation |
|---|---|
| Subordination to Parent Act | Delegated legislation must conform to parent legislation and cannot exceed its scope. |
| Conformity with Constitution | It must comply with fundamental rights and constitutional provisions. |
| Judicial Review | Courts can strike down delegated legislation violating fundamental rights or being ultra vires. |
| Reasonableness and Non-Arbitrariness | Delegated legislation restricting rights must be reasonable, not arbitrary or mala fide. |
| Procedural Fairness | Must adhere to natural justice principles when affecting rights. |
Conclusion
Delegated legislation is essential for administrative efficiency but must respect constitutional boundaries, especially fundamental rights. The judiciary plays a vital role in ensuring that delegated laws do not become instruments of arbitrary power or rights violation. The cases discussed form the foundation of judicial oversight in balancing governance needs and constitutional protections.
RELATED Blog
0 comments