Delegated Legislation

Introduction

Delegated legislation refers to the process by which legislative powers are transferred from the legislature (Parliament) to the executive (government, administrative bodies, or agencies). This allows authorities other than the legislature to make rules, regulations, orders, and by-laws under the powers conferred by a parent Act (Enabling Act).

Contents

Key Features of Delegated Legislation

✔ Made by authorities other than the Legislature
✔ Has the force of law
✔ Derived from a Parent Act (Enabling Act)
✔ Allows flexibility in law-making

Example:

The Environment Protection Act, 1986 grants power to the government to frame environmental regulations.

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1. Meaning & Definition of Delegated Legislation

Delegated legislation is law made by an individual or body other than the legislature, which derives authority from a primary (parent) legislation.

Definitions by Legal Scholars

Salmond: “Delegated legislation is that which proceeds from any authority other than the sovereign power, and is dependent on it for its continued existence.”
Wade & Phillips: “When a legislature hands over some of its legislative functions to another authority, it is called delegated legislation.”

2. Need for Delegated Legislation

Why is Delegated Legislation Necessary?

Reason	Explanation
Lack of Time	Parliament cannot make detailed rules for every law.
Technical Nature	Some laws require expert knowledge, e.g., Medical Council Regulations.
Emergencies	Quick law-making is needed in times of crisis.
Flexibility	Laws need frequent amendments and updates.
Decentralization	Local bodies can make region-specific laws.

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3. Types of Delegated Legislation

Delegated legislation takes various forms based on how power is transferred.

A. Statutory Instruments (Rules & Regulations)

Created under the authority of an Enabling Act.
Example: The Motor Vehicles Act, 1988 allows the Transport Ministry to frame traffic rules.

B. By-laws

Made by local authorities, corporations, or statutory bodies.
Example: Municipal by-laws regulate construction, sanitation, and waste disposal.

C. Orders-in-Council

Issued by the President or Governor under extraordinary situations.
Example: The Essential Defence Services Act, 2021 allows the government to prohibit strikes in defense services.

D. Administrative Instructions

Guidelines issued by government departments for implementation.
Example: The Reserve Bank of India (RBI) guidelines on banking regulations.

E. Emergency Legislation

Temporary laws enacted during war, economic crisis, or natural disaster.
Example: The Epidemic Diseases Act, 1897 used during COVID-19.

4. Judicial Control Over Delegated Legislation

The judiciary ensures that delegated legislation does not exceed constitutional limits.

Grounds for Challenging Delegated Legislation:

✅ Excessive Delegation – When Parliament gives unlimited power to the executive.
✅ Violation of Fundamental Rights – If rules violate Articles 14, 19, 21, etc.
✅ Contradiction with Parent Act – If the delegated law goes beyond the authority given in the original Act.

Case Law: A.K. Gopalan v. State of Madras (1950)

The Supreme Court held that delegated legislation must conform to constitutional limits.

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5. Parliamentary Control Over Delegated Legislation

Since Parliament delegates its power, it ensures control through various mechanisms.

A. Pre-Legislative Scrutiny

Before delegation, Parliament lays down principles and limitations.

B. Post-Legislative Scrutiny

All rules and regulations must be presented before Parliament.
Example: The Committee on Subordinate Legislation examines delegated laws.

C. Revocation & Amendment

Parliament can modify or reject any delegated legislation.

D. Public Accountability

The press, media, and judiciary act as watchdogs to ensure transparency.

6. Advantages & Disadvantages of Delegated Legislation

✅ Advantages

✔ Reduces Burden on Parliament – Saves time for core legislative functions.
✔ Technical Expertise – Specialists can frame better regulations.
✔ Quick Implementation – Laws can be enacted and amended swiftly.
✔ Flexibility – Rules can be adjusted as per changing conditions.

❌ Disadvantages

❌ Lack of Parliamentary Oversight – May lead to abuse of power.
❌ Excessive Executive Control – Can result in bureaucratic dictatorship.
❌ Complexity – Frequent amendments make laws confusing.
❌ Violation of Fundamental Rights – Unchecked power can infringe on citizen rights.

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7. Landmark Case Laws on Delegated Legislation

Case 1: Queen v. Burah (1878)

📌 Issue: Can the legislature delegate unlimited power?
📌 Ruling: Delegation is valid if the legislature sets clear guidelines.

Case 2: A.K. Kraipak v. Union of India (1969)

📌 Issue: Can administrative agencies exercise judicial functions?
📌 Ruling: Natural justice must be followed in delegated legislation.

Case 3: D.S. Gerewal v. State of Punjab (1959)

📌 Issue: Can the executive make rules overriding the legislature?
📌 Ruling: Delegated legislation must remain within the framework of the Parent Act.

8. Delegated Legislation in India vs. UK & USA

Aspect	India	UK	USA
Parliamentary Control	Strong but sometimes ineffective	Limited	Strong judicial review
Judicial Review	Courts can strike down ultra vires rules	Courts rarely intervene	Delegated legislation can be declared unconstitutional
Types of Delegated Legislation	Rules, Regulations, By-laws, Orders	Statutory Instruments, By-laws	Executive Orders, Administrative Regulations

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9. Conclusion

Delegated legislation is an essential tool for governance, allowing flexibility, technical expertise, and quick policy implementation. However, proper checks and balances are necessary to prevent misuse. Strong judicial control, parliamentary scrutiny, and public accountability are vital to ensure that delegated legislation aligns with constitutional principles and public welfare.

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