Delegated Legislation in India :- Analysis of the Concept & its Implication in India, USA and UK
Delegated Legislation in India: Concept, Analysis, and Comparative Study with USA & UK
1. What is Delegated Legislation?
Delegated Legislation (also called Subordinate Legislation or Secondary Legislation) refers to laws or rules made by an authority other than the legislature, under powers given to it by the legislature through an Enabling Act or Parent Act.
The legislature delegates law-making power to the executive or subordinate authorities to make detailed rules, regulations, or by-laws.
It is necessary when the legislature cannot deal with every detail of complex law or needs expert input.
It helps in quick, flexible, and technical law-making.
2. Conceptual Analysis of Delegated Legislation
Why is Delegated Legislation Necessary?
Volume & Complexity: Legislatures cannot draft detailed provisions for every subject.
Expertise Required: Technical matters require specialist knowledge.
Flexibility: Quick response to changing circumstances, emergencies.
Administrative Convenience: Local bodies or departments may need to regulate issues specific to their domain.
Forms of Delegated Legislation
Rules: Detailed directions issued under a statute.
Regulations: Issued by executive authorities, sometimes requiring consultation.
By-laws: Made by local authorities or corporations.
Orders/Notifications: Specific directions under the law.
Types of Delegated Legislation
Substantive Delegated Legislation: Legislated rules that affect rights/duties.
Procedural Delegated Legislation: Rules about how a law operates.
3. Delegated Legislation in India
India follows a Parliamentary Sovereignty with Constitutional Supremacy model.
The Constitution of India allows Parliament and State Legislatures to delegate law-making powers to the executive or other authorities.
Common in administrative laws, tax laws, environmental laws, and more.
Subject to constitutional control, judicial review, and parliamentary scrutiny.
Constitutional Provisions
Articles 245 to 255 (powers of Parliament and State Legislature).
Article 256 (executive power of states).
Article 263 (interstate councils).
Article 141 (Supreme Court’s binding precedents).
Controls on Delegated Legislation in India
Judicial Review: Courts can invalidate delegated legislation if ultra vires (beyond powers).
Parliamentary Control: Through committees like the Committee on Subordinate Legislation.
Publication & Notification: Mandatory publication in official gazette.
Limitation on Delegation: Cannot delegate fundamental legislative powers.
4. Delegated Legislation in the UK
The UK Parliament delegates powers through Acts of Parliament.
Extensive use of delegated legislation due to:
Large volume of detailed legislation.
Need for expertise.
Types: Statutory Instruments, By-laws, Orders in Council.
Parliamentary control through affirmative and negative resolution procedures.
Judicial control to check ultra vires.
5. Delegated Legislation in the USA
The US Constitution establishes separation of powers.
Congress delegates powers mainly to executive agencies.
Delegated legislation known as Administrative Rules and Regulations.
Controlled by:
Congressional Review Act.
Administrative Procedure Act (APA) requiring notice, comment.
Judicial review to ensure compliance with statutory mandates.
Strict limits on delegation due to the non-delegation doctrine but interpreted flexibly.
6. Key Differences: India vs USA vs UK
| Aspect | India | UK | USA |
|---|---|---|---|
| Basis | Constitution + Statutes | Parliamentary Sovereignty | Constitution (Separation of Powers) |
| Extent of Delegation | Broad but controlled | Very extensive | Limited, strict non-delegation doctrine |
| Control Mechanism | Judicial + Parliamentary | Judicial + Parliamentary | Judicial + Congressional + APA |
| Procedure | Publication + Scrutiny | Affirmative/Negative Resolutions | Notice & Comment Rulemaking |
7. Important Case Laws on Delegated Legislation (with detailed explanation)
Case 1: A.K. Roy v. Union of India (1982) (India)
Facts: Challenge to the Maintenance of Internal Security Act (MISA) rules.
Issue: Whether rules framed under a parent Act are valid.
Holding: Supreme Court held that delegated legislation must conform to the powers given under the statute. If rules are arbitrary or ultra vires, courts can strike them down.
Significance: Established that delegated legislation must be consistent with the parent Act and cannot violate fundamental rights.
Case 2: M/s. Kasturi Lal Lakshmi Reddy v. State of Andhra Pradesh (1965) (India)
Facts: Delegated legislation barred certain fundamental rights.
Issue: Whether the legislature can delegate powers that infringe fundamental rights.
Holding: The Supreme Court held that delegated legislation cannot override the Constitution or violate fundamental rights.
Significance: Confirmed the constitutional limitation on delegation.
Case 3: In Re Delhi Laws Act (1951) (India)
Facts: Validity of subordinate legislation.
Issue: Extent of parliamentary power to delegate.
Holding: Parliament can delegate legislative power but must provide clear guidelines.
Significance: Reinforced that delegation must be within reasonable limits and with adequate guidelines.
Case 4: R. v. Home Secretary, ex parte Fire Brigades Union (1995) (UK)
Facts: Home Secretary failed to implement a statutory scheme, instead using delegated powers to create a different scheme.
Issue: Whether the use of delegated legislation was lawful.
Holding: The court held that the Home Secretary acted ultra vires by not implementing Parliament’s will.
Significance: Demonstrated judicial control over misuse of delegated powers in the UK.
Case 5: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) (USA)
Facts: Issue about Environmental Protection Agency’s interpretation of statutory provisions.
Issue: How much deference courts should give to administrative agencies' interpretation of delegated legislation.
Holding: Established the “Chevron deference” doctrine; courts must defer to agencies’ reasonable interpretations.
Significance: Landmark in administrative law, confirming broad delegation powers with judicial deference.
Case 6: K.C. Gajapati Narayan Deo v. Orissa (1953) (India)
Facts: The Orissa legislature delegated rule-making powers extensively.
Issue: Whether delegation was excessive.
Holding: Court held that excessive delegation without guidelines amounts to abdication of legislative function.
Significance: Emphasized that delegation should not be too wide or vague.
Case 7: In re Permian Basin Area Rate Cases (1968) (USA)
Facts: Dispute on delegation of rate-setting power to administrative agencies.
Issue: Constitutionality of delegation.
Holding: Allowed broad delegation but with standards to avoid arbitrariness.
Significance: Confirmed that Congress can delegate powers but must lay down intelligible principles.
8. Implications of Delegated Legislation
In India
Important for administrative efficiency.
Enhances technical and flexible law-making.
But requires checks to prevent misuse and arbitrariness.
Courts act as watchdogs ensuring rule of law.
In UK
Supports parliamentary sovereignty while allowing flexibility.
Parliamentary committees scrutinize delegated laws.
Judicial review prevents excesses.
In USA
Balances separation of powers.
Agencies gain significant rule-making authority.
Strong procedural safeguards via APA.
Judicial deference often granted to agencies.
9. Conclusion
Delegated legislation is an essential tool in modern governance for efficient law-making and administration. However, it comes with risks of misuse, arbitrariness, and erosion of democratic control. Therefore, judicial review, parliamentary oversight, and constitutional safeguards are critical in maintaining a balance between flexibility and accountability.
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