Delegated Legislation in India
Delegated Legislation in India: Detailed Explanation with Case Law
1. Meaning and Concept of Delegated Legislation
Delegated Legislation (also called Subordinate Legislation) refers to the law-making power delegated by the Parliament or State Legislature to an executive authority or subordinate body such as the government ministers, administrative agencies, or local authorities.
It allows detailed rules, regulations, orders, or by-laws to be framed under the authority of the parent statute.
Why Delegated Legislation?
Parliamentary convenience: Parliament cannot legislate on every technical detail.
Expertise: Specialized agencies or authorities have technical knowledge.
Flexibility and Speed: Enables quick rule-making to meet changing situations.
Local needs: Allows adaptation to local conditions through by-laws.
2. Classification of Delegated Legislation
Rules
Regulations
Orders
By-laws
3. Constitutional Provisions and Legal Basis
Article 245: Parliament and State Legislatures can make laws but also delegate law-making power.
Article 246: Subject matter of legislation and delegation.
Enabling Act: Delegated legislation must be authorized by a valid parent/enabling act.
4. Control over Delegated Legislation
Judicial Control: Courts can invalidate ultra vires delegated legislation.
Parliamentary Control: Through resolutions, committees, or requiring affirmative/negative resolutions.
Procedural Safeguards: Enabling Act specifies procedures for making rules.
Publication Requirements: Some delegated legislation must be published in the Official Gazette.
5. Types of Ultra Vires (Invalid) Delegated Legislation
Substantive Ultra Vires: Exceeding the powers granted by the parent act.
Procedural Ultra Vires: Failure to follow required procedures.
Unreasonable or Arbitrary: Legislation that is oppressive or beyond rational scope.
Inconsistent with Parent Act or Constitution.
6. Landmark Case Laws on Delegated Legislation in India
⚖️ 1. A.K. Roy v. Union of India, AIR 1982 SC 710
Facts:
The government issued a detention order under the Preventive Detention Act, which was challenged.
Issue:
Whether the order was valid delegated legislation under the parent act.
Holding:
The Supreme Court held that delegated legislation must adhere strictly to the authority granted; any arbitrary or unreasonable action is ultra vires.
Significance:
Established the principle that delegated legislation must not be arbitrary and must conform to the parent statute.
⚖️ 2. D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579
Facts:
A government notification imposed restrictions on property without following prescribed procedure.
Issue:
Validity of delegated legislation bypassing required procedure.
Holding:
The Supreme Court struck down the notification as procedural ultra vires because it ignored procedural safeguards.
Significance:
Stressed strict adherence to procedural requirements in delegated legislation.
⚖️ 3. Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857
Facts:
Rules framed under Electricity Act were challenged on the ground of excessiveness.
Issue:
Whether the rules were within the authority of the parent Act.
Holding:
The court held that rules which are unreasonable or inconsistent with the parent statute are void.
Significance:
Emphasized that delegated legislation cannot contravene the parent legislation.
⚖️ 4. Municipal Corporation of Delhi v. Female Workers (Muster Roll) Case, AIR 2000 SC 596
Facts:
A by-law framed by Municipal Corporation was challenged for violating statutory provisions.
Issue:
Whether by-laws inconsistent with statutory provisions can be valid.
Holding:
Supreme Court invalidated the by-law as it was repugnant to statutory law.
Significance:
Reinforced that delegated legislation must be consistent with higher laws.
⚖️ 5. Union of India v. Hiralal Pradhan, AIR 1966 SC 442
Facts:
The government issued an order under the Enabling Act to regulate prices of certain goods.
Issue:
Validity of the order when challenged for exceeding delegated power.
Holding:
The Court ruled that if delegated legislation goes beyond the scope authorized, it is ultra vires.
Significance:
Highlighted limits of delegated legislative power.
7. Summary Table of Case Law Principles
| Case | Principle Established |
|---|---|
| A.K. Roy v. Union of India | Delegated legislation must not be arbitrary or unreasonable |
| D.C. Wadhwa v. State of Bihar | Procedural ultra vires – must follow procedural safeguards |
| Rajasthan State Electricity Board v. Mohan Lal | Delegated legislation must be consistent with parent Act |
| Municipal Corporation of Delhi v. Female Workers | By-laws inconsistent with statute are invalid |
| Union of India v. Hiralal Pradhan | Exceeding the scope of delegation is ultra vires |
8. Conclusion
Delegated Legislation is an essential feature of modern governance in India, enabling detailed and flexible rule-making. However, it must be exercised within legal limits and under the watchful eye of administrative and judicial controls to prevent misuse or arbitrariness.
The above case laws establish key principles of validity, reasonableness, procedural compliance, and consistency with enabling legislation, forming the backbone of judicial scrutiny over delegated legislation.
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