Meaning and Evolution of Delegated Legislation
1. Meaning of Delegated Legislation
Delegated legislation, also called subordinate or subsidiary legislation, refers to law made by an authority other than the legislature, under powers delegated to it by the legislature.
Key Points:
The legislature (Parliament/State Legislature) cannot always make detailed rules for every situation.
It lays down the framework or policy, and delegates the authority to another body (usually an executive authority) to make detailed rules, regulations, or by-laws.
Delegated legislation is law-making by proxy – the legislature remains responsible for the delegation.
Types of Delegated Legislation:
Rules – Made by ministers or government departments.
Regulations – Made by statutory authorities.
By-laws – Made by local authorities or corporations.
Notifications / Orders / Circulars – Issued by the executive under legislative authority.
2. Need for Delegated Legislation
Technical Expertise – Some laws need experts, e.g., environmental rules.
Time-Saving – Parliament cannot handle every minor rule.
Flexibility – Rules can be updated quickly without passing a new Act.
Administrative Efficiency – Allows smooth functioning of government schemes.
3. Evolution of Delegated Legislation in India
A. Early Period
During British India, Acts like Indian Councils Act, 1861 gave powers to the government to make rules and regulations.
Courts observed that excessive delegation was invalid.
B. Post-Independence
Indian Constitution (1950) recognizes delegated legislation as necessary for modern governance.
Article 13 indirectly limits delegated legislation – it cannot violate Fundamental Rights.
Article 245–255: Parliament and State legislatures may delegate powers to executive authorities for rule-making.
Evolutionary Steps:
Constitutional Recognition – Delegated legislation acknowledged as a legitimate tool.
Judicial Control – Courts developed principles to control misuse of delegation.
Administrative Expansion – Modern laws like environmental, tax, and corporate laws rely heavily on delegated legislation.
4. Judicial Control and Case Law
Courts ensure that delegated legislation is valid and does not exceed authority.
A. Basic Principles from Case Law
Excessive Delegation is Invalid
A.L. Bachawat v. Union of India – Court struck down regulations made without sufficient legislative guidance.
Delegation Must Follow Parent Act
K.C. Gajapati v. State of Orissa (1953) – Delegated powers must remain within the scope of the Act.
Rules Cannot Contradict Act
R. v. Home Secretary (1981) – Any rule exceeding legislative framework is ultra vires.
Guidelines Must Exist
Rajasthan Electricity Board Case – Court held that wide delegation without standards is void.
5. Advantages of Delegated Legislation
Reduces burden on legislature.
Ensures expert handling of technical issues.
Provides speedy implementation of policies.
Offers flexibility to amend rules without full parliamentary procedure.
6. Disadvantages / Problems
Risk of abuse of power.
Lack of accountability – executive may act arbitrarily.
May lead to confusion between law and rules.
Harder to challenge in court if excessive discretion is given.
7. Summary
Meaning: Law made by authorities other than legislature under delegated power.
Evolution: From British India to modern India, recognized in Constitution, extensively used in administrative law.
Judicial Control: Courts ensure no excessive delegation, rules follow Act, and fundamental rights are not violated.
Case Law: A.L. Bachawat, K.C. Gajapati, Rajasthan Electricity Board, R. v. Home Secretary.
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