Role and Importance of Delegated Legislation
Role and Importance of Delegated Legislation
I. What is Delegated Legislation?
Delegated Legislation (also called subordinate legislation) refers to laws or rules made by an authority other than the legislature but with the legislature's authority. The legislature delegates some of its legislative powers to the executive or administrative agencies to make detailed laws or regulations necessary for implementing the broad provisions of a statute.
II. Role of Delegated Legislation
1. Filling the Details of Primary Legislation
The legislature often enacts framework laws.
Delegated legislation fills in technical details and procedural rules that are impractical to include in primary statutes.
2. Expertise and Flexibility
Allows specialized bodies or experts to create regulations that require technical knowledge (e.g., environmental standards, safety regulations).
Provides flexibility to amend or update rules rapidly in response to changing circumstances without passing a new Act.
3. Efficiency
Reduces the burden on legislatures by avoiding the need to legislate on every minor or detailed issue.
Enables quick implementation of laws, especially during emergencies or evolving situations.
4. Local and Specific Application
Enables creation of laws suitable to local conditions or specific industries.
Different regulations can apply to different regions or sectors without the need for separate laws.
5. Supports Effective Governance
Provides the government with necessary tools to implement and enforce laws effectively.
Helps in administrative control and regulation in areas like taxation, licensing, transport, public health, etc.
III. Importance of Delegated Legislation
| Importance | Explanation |
|---|---|
| Practicality | Legislatures cannot foresee every detail, delegated legislation handles practical details. |
| Speed | Quick enactment of rules compared to lengthy parliamentary procedures. |
| Specialization | Created by experts/administrative bodies with technical knowledge. |
| Adaptability | Can be amended or repealed easily to meet changing needs. |
| Relief for Legislature | Helps legislature focus on policy-making and major laws. |
IV. Judicial Control over Delegated Legislation
Although delegated legislation is necessary, it can be prone to excessive delegation or misuse. Courts exercise control primarily on these grounds:
Ultra Vires Doctrine: Delegated legislation must not exceed the powers granted by the parent Act.
Procedural Impropriety: Must follow prescribed procedures.
Unreasonableness: Must not be arbitrary or oppressive.
Constitutional Validity: Cannot violate constitutional provisions.
V. Key Case Laws
1. A.K. Roy v. Union of India (1982 AIR 710)
Facts:
The Industrial Tribunal’s regulations and procedures framed under delegated powers were challenged.
Holding:
The Supreme Court held that delegated legislation must be within the boundaries prescribed by the statute and cannot violate constitutional rights.
Importance:
Emphasized judicial review of delegated legislation.
Confirmed that such legislation cannot be arbitrary or go beyond the parent Act.
2. Rajasthan State Electricity Board v. Mohan Lal (1967 AIR 1857)
Facts:
Challenge against rules made under the Electricity Act for controlling electricity distribution.
Holding:
Court held the rules valid as they were made within the scope of the parent Act.
Importance:
Affirmed the validity of delegated legislation if within authority.
Supported the role of delegated legislation in implementing policy.
3. Kumari Shrilekha Vidyarthi v. State of U.P. (1991 AIR 710)
Facts:
Challenge to the validity of certain rules relating to recruitment framed under delegated powers.
Holding:
The Supreme Court struck down the rules that were unreasonable and violated principles of natural justice.
Importance:
Reinforced the need for delegated legislation to be reasonable and just.
Judicial safeguard against abuse of delegated powers.
4. Sukhdev Singh v. Union of India (1975 AIR 1331)
Facts:
Legislative power was delegated to the President to make rules in certain matters.
Holding:
Court held that delegation of legislative power is permissible provided adequate guidelines are given and the power delegated is not absolute.
Importance:
Confirmed constitutionality of delegated legislation with limitations.
Established the “principle of intelligible differentia” in delegation.
5. P.K. Ramachandran Nair v. State of Kerala (1970 AIR 564)
Facts:
The Kerala government made regulations under a statute which were challenged as ultra vires.
Holding:
Court held that delegated legislation exceeding the limits or altering the parent statute is invalid.
Importance:
Reiterated the ultra vires doctrine.
Delegated legislation must adhere to statutory limits.
VI. Conclusion
Delegated legislation is an essential tool in modern governance, allowing governments to implement laws efficiently and flexibly. However, it is subject to judicial control to prevent misuse or arbitrary exercise of power. Courts ensure that delegated legislation respects the boundaries set by the legislature, follows due procedure, and upholds fundamental rights and constitutional mandates.
It balances efficiency in administration with protection of citizen’s rights, making delegated legislation a vital aspect of administrative law.
RELATED Blog
0 comments