Delegtated Legislation and its growth in India
Delegated Legislation and Its Growth in India
1. Introduction
Delegated legislation in India refers to rules, regulations, by-laws, notifications, orders, or other instruments made by persons or bodies other than the legislature, but authorized by the legislature (Parliament or State Legislature) to do so through an enabling or parent Act.
The growth of delegated legislation in India reflects the need for flexibility and administrative efficiency in a vast and complex society.
2. Why Delegated Legislation is Needed in India
Volume of laws: Parliament cannot make detailed laws on every issue.
Technical expertise: Certain subjects require specialized knowledge.
Flexibility and speed: Delegated legislation allows quick response to changing circumstances.
Local and regional issues: State governments and local authorities require powers to make laws suited to local needs.
3. Forms of Delegated Legislation in India
Rules: Made by government ministers or executive authorities.
Regulations: Usually made by statutory bodies or corporations.
By-laws: Made by local authorities or municipal corporations.
Notifications and Orders: Issued by government departments.
4. Constitutional and Legal Basis
Article 246 gives the Parliament and State Legislatures the power to make laws.
Article 254 deals with the inconsistency between central and state laws.
Delegated legislation derives authority from enabling Acts passed by Parliament or State Legislatures.
5. Controls Over Delegated Legislation in India
Judicial review: Courts can strike down delegated legislation if it is ultra vires.
Legislative control: Enabling Act may require approval or scrutiny by legislature.
Procedural safeguards: Publication, consultation, and time limits.
6. Growth of Delegated Legislation in India
Since independence, delegated legislation has grown tremendously, especially in sectors such as:
Taxation (income tax rules, GST rules),
Environmental regulation,
Industrial licensing,
Labor laws,
Public health and safety.
This growth reflects the expanding role of the government in socio-economic affairs.
7. Important Case Laws on Delegated Legislation in India
1. A.K. Kraipak v. Union of India (1969) 2 SCC 262
Facts:
The Union Public Service Commission (UPSC) appointed a member who was found to have a pecuniary interest in a matter.
Issue:
Whether the rules and actions of UPSC were valid and non-arbitrary.
Holding:
The Supreme Court held the rules and appointment violated the principles of natural justice.
Reasoning:
Administrative discretion must be exercised within legal limits.
Delegated legislation is subject to judicial scrutiny to prevent arbitrariness.
Significance:
The case stressed the need for fairness in delegated legislation and administrative actions.
Set precedent for reviewing delegated legislation for violation of natural justice.
2. Shankari Prasad Singh Deo v. Union of India (AIR 1951 SC 458)
Facts:
The challenge was against the validity of the First Amendment to the Constitution.
Issue:
Whether Parliament had the power to amend the Constitution, including fundamental rights.
Holding:
The Supreme Court held that Parliament had the constituent power to amend the Constitution, including Article 13.
Relation to Delegated Legislation:
Though not directly about delegated legislation, this case affirmed the broad legislative powers of Parliament, which include the ability to delegate law-making power.
3. State of U.P. v. Renusagar Power Co. Ltd. (AIR 1988 SC 1737)
Facts:
Challenge was made against rules made under an Act regarding electricity tariffs.
Issue:
Whether the delegated legislation violated the parent Act or the Constitution.
Holding:
The court upheld the rules as valid since they were within the scope of the enabling Act.
Reasoning:
Delegated legislation must be within the framework of the empowering Act.
Courts can strike down ultra vires delegated legislation.
Significance:
Reinforced the principle of ultra vires control over delegated legislation.
4. R.D. Shetty v. International Airport Authority of India (1979) 3 SCC 489
Facts:
The challenge was against rules regarding lease terms of airport premises.
Issue:
Whether rules made by the authority were arbitrary or beyond delegated powers.
Holding:
The Supreme Court held that rules made must be reasonable and non-arbitrary.
Reasoning:
Delegated legislation should meet the test of reasonableness.
It must be consistent with public interest.
5. Union of India v. R. Gandhi (2010) 11 SCC 1
Facts:
The case involved challenge to the appointment procedure for CBI Director.
Issue:
Whether the rules governing appointments were valid delegated legislation.
Holding:
Supreme Court held that delegated legislation must conform to constitutional and statutory mandates.
Significance:
Emphasized the need for procedural propriety and non-arbitrariness in delegated legislation.
8. Principles Evolved From Case Law
| Principle | Explanation |
|---|---|
| Ultra Vires Doctrine | Delegated legislation beyond the enabling Act is void. |
| Reasonableness and Non-Arbitrariness | Discretion must be exercised reasonably. |
| Natural Justice | Fairness must be maintained in rules affecting rights. |
| Consistency with Parent Act | Delegated legislation must align with the Act’s purpose. |
| Judicial Review | Courts have power to examine validity of delegated legislation. |
9. Conclusion
Delegated legislation is a vital part of India's legal system, allowing detailed and technical laws to be made efficiently. However, the growth of such legislation requires constant judicial scrutiny to ensure it does not violate constitutional principles or become a source of arbitrary power.
The Indian judiciary, through a series of landmark cases, has played a pivotal role in shaping the limits and scope of delegated legislation, ensuring a balance between administrative efficiency and protection of individual rights.
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