Types/forms of delegated legislation
Types/Forms of Delegated Legislation
Introduction
Delegated legislation, also known as subordinate or secondary legislation, refers to rules, regulations, bylaws, or orders made by an authority other than the legislature, but with the legislature’s delegated power. Since legislatures cannot deal with all details of complex laws, they delegate certain powers to the executive or other bodies.
Main Types/Forms of Delegated Legislation
1. Rules
Definition:
Rules are detailed instructions issued by administrative authorities or government ministers under powers granted by an Act of Parliament.
Purpose:
They provide detailed procedural or substantive directions to implement the primary legislation.
Example:
Rules governing procedures for company registration under the Companies Act.
2. Regulations
Definition:
Regulations are more detailed and generally cover substantive matters, often used to control specific activities or industries.
Purpose:
They fill in gaps left by the parent Act and often have the force of law.
Example:
Environmental protection regulations under an environmental statute.
3. By-laws
Definition:
By-laws are laws made by local authorities, municipalities, or corporations for regulation within their area of jurisdiction.
Purpose:
They regulate local matters such as sanitation, licensing, or traffic.
Example:
Municipal by-laws prohibiting public nuisance or regulating hawking.
4. Orders/Ordinances
Definition:
Orders are directives issued by government or administrative officials to give effect to legislative provisions.
Purpose:
They usually deal with specific situations, appointments, or exemptions.
Example:
Orders imposing lockdown during a health emergency.
5. Notifications
Definition:
Official announcements issued by the government to notify the public about rules, commencement of Acts, or regulatory changes.
Purpose:
Serve to make delegated legislation known and enforceable.
Example:
Notification declaring a public holiday or environmental protection zones.
6. Schemes/Grants
Definition:
Schemes or grants issued under delegated powers specifying terms for aid or subsidies.
Purpose:
To administer welfare, development, or economic policies.
Characteristics of Delegated Legislation
Made by persons or bodies other than Parliament.
Made under authority delegated by an Act of Parliament.
Must conform to the parent Act.
Subject to judicial review.
Generally used for detailed rules, flexible, and quicker to enact.
Key Case Laws on Delegated Legislation
1. A.K. Roy v. Union of India (1982)
Facts:
Challenged the constitutionality of an order issued under delegated powers banning a political party.
Held:
The Supreme Court held that delegated legislation cannot violate fundamental rights and must conform to the parent Act.
Significance:
Emphasized the limits on delegated legislation, particularly with respect to fundamental rights.
2. Delhi Laws Act Case (Union of India v. Association for Democratic Reforms) (2002)
Facts:
Concerned the scope of delegated legislation powers exercised by the Election Commission regarding disclosures by candidates.
Held:
The Court held that delegated legislation must adhere strictly to the scope and purpose defined by the parent Act.
Significance:
Affirmed the doctrine of ultra vires in the context of delegated legislation.
3. Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)
Facts:
Challenge to the validity of a by-law enacted by a municipal corporation.
Held:
The Supreme Court held that by-laws must be within the authority granted by statute and cannot exceed delegated powers.
Significance:
Clarified the scope and limits of municipal by-laws as a form of delegated legislation.
4. Ramlila Maidan Incident Case (People’s Union for Democratic Rights v. Union of India, 1982)
Facts:
Concerning police regulations restricting assembly, which were challenged as excessive delegated legislation.
Held:
Court held that such delegated powers must be exercised reasonably and within legal boundaries.
Significance:
Reinforced the principle that delegated legislation cannot be arbitrary or oppressive.
5. Union of India v. K.C. Gandhi (1963)
Facts:
The government imposed restrictions on stock exchange activities by notification under delegated powers.
Held:
The court upheld the validity of such notifications as long as they conform to the enabling Act and are reasonable.
Significance:
Illustrates how notifications serve as valid delegated legislation for regulatory control.
6. Kathi Raning Rawat v. State of Saurashtra (1953)
Facts:
Dispute over the validity of a regulation made by the state government restricting hunting.
Held:
The court ruled that delegated legislation must be within the ambit of the parent Act and consistent with constitutional principles.
Significance:
A key case on the doctrine of ultra vires related to regulations.
Doctrine of Ultra Vires and Delegated Legislation
Delegated legislation can be challenged as ultra vires (beyond powers) if:
It goes beyond the powers granted by the parent Act (Substantive Ultra Vires).
It is made in a manner not prescribed by the parent Act (Procedural Ultra Vires).
It violates constitutional provisions or fundamental rights.
Conclusion
Delegated legislation is a vital tool that facilitates efficient governance by enabling detailed and technical laws without burdening the legislature. However, it is subject to strict legal control through judicial review to ensure it remains within the limits of delegation, respects fundamental rights, and adheres to principles of natural justice.
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