To study legislative powers of Administration based on Ad inistrative law
Legislative Powers of the Administration — An Overview in Administrative Law
What are Legislative Powers of Administration?
In the classical sense, legislative power means the authority to make laws. Traditionally, this power is vested in the legislature (Parliament or State Legislatures). However, in modern governance, the executive or administrative authorities are often delegated legislative powers to make rules, regulations, bye-laws, or orders that have the force of law. This delegated power to create “subordinate” or “delegated legislation” helps in efficient administration.
Why are Legislative Powers Delegated to Administration?
Technical expertise: Legislators may lack the technical knowledge to draft detailed rules.
Efficiency: Enables quicker response to changing circumstances.
Flexibility: Administrative authorities can amend rules without going through the full legislative process.
Volume of work: Legislatures cannot make all the detailed rules for every sector.
Types of Delegated Legislation
Rules: Detailed provisions under an Act.
Regulations: Made by statutory bodies or corporations.
Bye-laws: Made by local authorities.
Notifications and Orders: Issued by administrative authorities under statutes.
Principles Governing Delegated Legislation
Delegated legislation must be authorized by the enabling Act.
It cannot exceed the scope or purpose of the parent Act.
It must not violate constitutional provisions.
It is subject to judicial review if it is ultra vires (beyond power).
The parent Act may prescribe safeguards, like publication or approval by legislature.
Landmark Case Laws on Legislative Powers of Administration
1. R. v. Home Secretary, Ex Parte Fire Brigades Union (1995) (UK Case, widely referred in India)
Summary:
The government issued a scheme different from the one promised in the enabling Act.
Details:
The House of Lords held that the government must act within the powers granted by Parliament.
It cannot refuse to exercise delegated legislative power or frustrate the purpose of the enabling Act.
Impact:
Reinforced the principle that delegated legislation must conform to the parent statute.
Established limits on administrative discretion in legislative functions.
2. A.K. Roy vs Union of India (1982)
Summary:
Addressed whether administrative actions, including delegated legislation, can be challenged for being arbitrary.
Details:
The Supreme Court held that delegated legislation is subject to judicial review.
Delegated powers cannot be used arbitrarily or oppressively.
Must follow the principles of natural justice.
Impact:
Affirmed judicial control over delegated legislation in India.
Prevented misuse of administrative legislative powers.
3. Union of India vs Raghubir Singh (1964)
Summary:
Explored whether the delegated legislation can override the parent Act.
Details:
The Court held that delegated legislation cannot override or amend the parent Act.
It must be consistent with the parent Act.
Impact:
Emphasized the supremacy of the parent Act.
Set a boundary for delegated legislation.
4. Bhagwati Prasad vs Union of India (1956)
Summary:
Examined the validity of administrative rules framed under a statute.
Details:
The Supreme Court ruled that rules framed under a statute have the force of law.
However, they must conform to the object and purpose of the statute.
Courts can strike down rules that go beyond delegated powers.
Impact:
Clarified the legal status of delegated legislation.
Empowered judiciary to control excesses in rule-making.
5. Krishna Ram Mahale vs State of Maharashtra (1969)
Summary:
Concerned with the legislative powers exercised by municipal authorities through bye-laws.
Details:
The court upheld bye-laws made by municipal corporations under the Municipal Act.
It held that municipal bye-laws are subordinate legislation and have the force of law.
They must not contravene the constitution or parent statute.
Impact:
Affirmed the power of local bodies to legislate within their jurisdiction.
Recognized the importance of delegated legislation in local governance.
Summary of Principles from These Cases
| Case | Principle Established |
|---|---|
| R. v. Home Secretary, Ex Parte Fire Brigades Union | Administration must follow enabling Act; cannot frustrate legislative intent |
| A.K. Roy vs Union of India | Delegated legislation is subject to judicial review; no arbitrariness |
| Union of India vs Raghubir Singh | Delegated legislation cannot override parent Act |
| Bhagwati Prasad vs Union of India | Rules under statute have force of law but must be within delegated powers |
| Krishna Ram Mahale vs State of Maharashtra | Local bodies’ bye-laws are subordinate legislation with legal force |
Conclusion
The legislative powers of the administration through delegated legislation are vital for effective governance, providing flexibility and technical expertise. However, these powers come with legal limitations and are subject to judicial scrutiny to prevent misuse. The courts play a crucial role in ensuring that delegated legislation respects the boundaries set by the parent statutes and constitutional principles.
This delicate balance protects citizens from arbitrary administrative rule-making while allowing government agencies to efficiently manage detailed regulatory frameworks.
RELATED Blog
0 comments