Delegated Legislation in India
Delegated Legislation in India: Detailed Explanation
Meaning and Concept
Delegated legislation, also known as subordinate legislation or secondary legislation, refers to laws or rules made by an authority other than the legislature but under the authority delegated by the legislature. This allows the legislature to delegate its law-making powers to the executive or other bodies to make detailed provisions under a parent statute.
Why is Delegated Legislation Necessary?
Technicality and expertise: Some laws require specialized knowledge and cannot be effectively framed by the legislature.
Flexibility: Allows for quick changes and adaptations without passing a new Act.
Convenience: Parliament or state legislatures cannot deal with every small detail.
Time-saving: Helps to reduce legislative workload.
Forms of Delegated Legislation in India
Rules
Regulations
By-laws
Orders
Notifications
These are made by different authorities such as government ministers, local authorities, administrative agencies, or statutory bodies.
Legal Basis in India
The Indian Constitution permits delegated legislation under Article 246 and Article 254, which grant legislative powers to Parliament and State Legislatures but also allow delegation.
Parent Acts generally contain specific provisions authorizing delegated legislation.
Control over Delegated Legislation
Judicial Control: Courts can strike down delegated legislation that exceeds the scope of delegation or violates constitutional provisions.
Parliamentary Control: Through mechanisms such as the affirmative or negative resolution procedures.
Procedural Safeguards: Publication in the Official Gazette, laying before the legislature, etc.
Important Case Laws on Delegated Legislation in India
1. A.K. Kraipak v. Union of India (AIR 1969 SC 150)
Facts: The case dealt with the delegation of powers by the Union Public Service Commission (UPSC) under a statute.
Held: The Supreme Court held that delegated legislation must conform to the principles of natural justice. If it is arbitrary or unfair, it can be struck down.
Significance: This case placed judicial safeguards over delegated legislation, emphasizing fairness and due process.
2. E.P. Royappa v. State of Tamil Nadu (AIR 1974 SC 555)
Facts: The case involved the misuse of discretionary powers delegated to government officials.
Held: The Supreme Court ruled that all power, including delegated power, must be exercised fairly and reasonably.
Significance: Strengthened the doctrine of legitimate expectation and fairness in delegated legislation.
3. R.D. Shetty v. International Airport Authority of India (AIR 1979 SC 1628)
Facts: Authority delegated power to frame rules for tender processes.
Held: The court emphasized that the authority making delegated legislation cannot further delegate powers unless expressly authorized.
Significance: Reiterated the principle of Delegatus Non Potest Delegare within the context of delegated legislation.
4. Shamsher Singh v. State of Punjab (AIR 1974 SC 2192)
Facts: The validity of by-laws framed by municipal authorities was challenged.
Held: The Supreme Court ruled that by-laws must be within the scope of the enabling statute and should not be arbitrary or unreasonable.
Significance: Confirmed that delegated legislation is subject to judicial scrutiny for ultra vires and arbitrariness.
5. Subhash Kumar v. State of Bihar (AIR 1991 SC 420)
Facts: The case challenged certain rules framed by the state government under the Mines Act.
Held: The court held that delegated legislation must not go beyond the scope of the parent Act and must be consistent with it.
Significance: Reinforced the principle that delegated legislation is subordinate to the statute and invalid if inconsistent.
Summary of Key Principles from Case Law
| Case | Principle Established |
|---|---|
| A.K. Kraipak v. Union of India | Delegated legislation must comply with natural justice |
| E.P. Royappa v. State of Tamil Nadu | Powers must be exercised fairly and reasonably |
| R.D. Shetty v. IAAI | No further delegation without authority |
| Shamsher Singh v. State of Punjab | By-laws must conform to parent Act and not be arbitrary |
| Subhash Kumar v. State of Bihar | Delegated legislation cannot exceed parent Act’s scope |
Conclusion
Delegated legislation in India plays a vital role in the law-making process by providing flexibility and technical details that cannot be addressed by the legislature itself. However, it is controlled by legal, procedural, and judicial safeguards to prevent abuse or overreach. The Supreme Court of India has been vigilant in ensuring delegated legislation stays within constitutional and statutory limits, protecting citizens’ rights and ensuring fairness.
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