Essential legislative functions
✅ Essential Legislative Functions: Detailed Explanation with Case Law
I. Introduction: What Are Essential Legislative Functions?
In any democratic system based on separation of powers, legislative powers rest with the legislature (Parliament or State Assemblies). However, delegated legislation (or subordinate legislation) allows the executive or administrative authorities to frame rules and regulations under the authority of a statute.
But some legislative functions are so crucial that they cannot be delegated — these are called Essential Legislative Functions.
II. Definition of Essential Legislative Functions
Essential Legislative Functions refer to those core tasks of law-making that must be performed exclusively by the legislature and cannot be delegated to any other authority, such as the executive or administrative bodies.
III. What Do Essential Legislative Functions Include?
| Essential Function | Description |
|---|---|
| Laying down policy | Determining the core principles and goals of legislation. |
| Fixing legislative standards | Specifying criteria, scope, and limits for delegated authorities. |
| Determining rights and obligations | The legislature must decide the framework for affecting legal rights. |
| Creating legislative structures | Setting up new authorities, mechanisms, and statutory responsibilities. |
These are non-delegable because they form the substance of law, not merely its form or procedure.
IV. Delegated Legislation and Its Limits
While the legislature can delegate ancillary or procedural functions (e.g., rule-making, regulation framing), it cannot delegate the essential legislative functions, such as:
Formulating the policy behind the legislation
Deciding on penalties or taxes without guidance
Determining the extent of rights or liabilities
V. Key Case Laws: More Than Four, Each Explained
1. 🔹 Re Delhi Laws Act Case (1951 SCR 747)
Facts:
The case challenged the constitutionality of laws allowing the Central Government to extend laws from one state to another.
Issue:
Whether the delegation of power to the executive to extend and modify laws was valid.
Holding:
The Supreme Court held that essential legislative functions (such as laying down legislative policy) cannot be delegated. However, delegation of non-essential, ancillary functions is permissible if the law provides adequate guidelines.
Impact:
First major ruling defining limits of delegated legislation.
Established that legislative policy is non-delegable.
2. 🔹 Ajoy Kumar Banerjee v. Union of India (1984) 3 SCC 127
Facts:
The Central Government issued administrative orders under a law that allowed changes in the structure of industrial undertakings.
Issue:
Whether the orders amounted to an improper delegation of legislative power.
Holding:
The Court held that the policy and principles must be laid down in the parent Act. If sufficient guidance is present, delegation of implementation is valid.
Impact:
Reinforced that executive action must be guided by legislative policy.
Emphasized the need for legislative standards.
3. 🔹 Hamdard Dawakhana v. Union of India (AIR 1960 SC 554)
Facts:
The issue was whether the power given to the executive to prohibit advertisements relating to drugs was too vague and unguided.
Issue:
Was there excessive delegation without prescribing essential legislative principles?
Holding:
Yes. The Court held that the delegation was void due to lack of legislative guidance.
Impact:
Emphasized that policy, scope, and guidelines must be clearly set by the legislature.
A key case in determining what is “excessive” delegation.
4. 🔹 D.S. Gerewal v. State of Punjab (AIR 1959 SC 512)
Facts:
The state delegated powers to make rules for appointments and conditions of service.
Issue:
Whether this delegation was constitutional.
Holding:
The Court upheld the delegation, stating that as long as broad legislative policy is present, the executive can fill in the details.
Impact:
Recognized that details can be delegated, but principles must come from legislature.
Clarified what is ancillary and what is essential.
5. 🔹 Bimal Chandra Banerjee v. State of M.P. (AIR 1971 SC 517)
Facts:
A notification was issued under a statute to include certain items under "luxury goods" for taxation.
Issue:
Whether the delegation of power to classify goods as taxable was valid.
Holding:
The Supreme Court held that the legislature must indicate the principle or standard for such classification. Without it, it is excessive delegation.
Impact:
Again stressed that policy decisions must be legislative, not executive.
Delegation must operate within a clearly defined legal framework.
VI. Key Principles from Case Law
| Principle | Explanation | Key Case |
|---|---|---|
| No Delegation of Legislative Policy | Legislature must set the policy. | Delhi Laws Case |
| Delegation of Details is Valid | Procedural or operational details can be delegated. | D.S. Gerewal |
| Guidelines Are Essential | Delegation without guidance = excessive delegation. | Hamdard Dawakhana |
| Legislature Must Set Limits | Clear limits and scope must be in the statute. | Ajoy Kumar Banerjee |
| Taxing Power Needs Clear Policy | Tax-related delegation must be well-guided. | Bimal Chandra Banerjee |
VII. Conclusion
Essential legislative functions are the core tasks of a legislature that ensure democratic law-making. Courts have consistently held that while delegated legislation is necessary for efficient governance, the basic structure and principles must be determined by the legislature itself.
This protects citizens from arbitrary rule-making and maintains the separation of powers between the legislature and executive.
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