A study on the need and classification of delegtated legislations
A Study on the Need and Classification of Delegated Legislation
1. Introduction
Delegated Legislation (also known as subordinate or secondary legislation) refers to laws or regulations made by an authority other than the legislature, under powers conferred by the legislature. It allows the executive branch or other agencies to make rules, regulations, or by-laws under the authority of a parent Act.
2. Need for Delegated Legislation
Why is Delegated Legislation Necessary?
Complexity and Technicality
Modern governance involves complex issues requiring detailed rules (e.g., environmental regulations, tax codes) which the legislature cannot draft comprehensively.
Expediency and Flexibility
Legislatures cannot deal with every minor or urgent matter. Delegated legislation allows quick responses to changing circumstances without the delay of passing a new Act.
Expertise
Specialized bodies or experts can draft detailed rules based on technical knowledge that legislators might lack.
Volume of Work
The legislature’s workload is heavy; delegating routine matters helps focus on broader policy issues.
Local Variations
Delegated legislation allows local authorities to frame rules suitable for local conditions (e.g., municipal by-laws).
3. Classification of Delegated Legislation
Delegated legislation can be broadly classified into three categories based on the authority making the rules and the form it takes:
A) By the Authority Making the Legislation
Statutory Rules and Orders
Made by ministers or government departments under powers conferred by an Act.
By-laws
Made by local authorities, corporations, or statutory bodies within their jurisdiction.
Orders in Council
Made by the Queen and Privy Council, often in emergencies or for specific statutory purposes.
B) By the Form of Delegated Legislation
Rules
Detailed provisions framed under an Act to regulate specific matters.
Regulations
Often wider in scope than rules and may apply nationally.
By-laws
Local laws made by municipal or other local authorities.
Notifications and Orders
Announcements or directions given under delegated authority, sometimes used to bring an Act into operation.
C) By the Purpose
Administrative or Executive Rules
Help in the functioning of government departments.
Substantive Rules
Affect the rights and duties of the public.
4. Control Over Delegated Legislation
Despite the convenience, delegated legislation needs control to prevent misuse:
Parliamentary Control (e.g., laying before legislature, annulment)
Judicial Control (review for ultra vires acts)
5. Case Laws on Delegated Legislation
1. R. v. Home Secretary, ex parte Fire Brigades Union (1995) (UK)
Facts:
The Home Secretary promised to introduce a new compensation scheme for firefighters but later changed it without Parliament’s approval.
Holding:
The House of Lords held the Home Secretary acted unlawfully as he failed to implement the scheme required by the Act.
Importance:
Clarified that delegated powers must be exercised in line with the parent statute’s purpose.
Introduced the principle that delegated legislation cannot be used to override clear statutory mandates.
2. A.K. Roy v. Union of India (1982) (India)
Facts:
Challenge to the government's power to make delegated rules under the Industrial Disputes Act.
Holding:
The Supreme Court struck down rules that violated fundamental rights and the parent Act’s provisions.
Importance:
Emphasized that delegated legislation cannot violate constitutional rights.
Asserted judicial review of delegated legislation on grounds of ultra vires.
3. In Re Delhi Laws Act, 1951 (1951) (India)
Facts:
Questioned the validity of rules made by the President under the Delhi Laws Act.
Holding:
The Supreme Court upheld the delegation but stated that essential legislative functions cannot be delegated.
Importance:
Established limits to delegation.
Distinguished between policy-making (non-delegable) and administrative functions (delegable).
4. Tanner v. London Borough of Rotherham (1974) (UK)
Facts:
A by-law was challenged on the grounds it was unreasonable.
Holding:
The Court held that delegated legislation must be reasonable and within the scope of enabling Act.
Importance:
Introduced the reasonableness test for delegated legislation.
Ensured delegated legislation is not arbitrary.
5. CCI v. Reliance Industries Ltd. (2007) (India)
Facts:
Question of delegated regulations issued under the Competition Act.
Holding:
Supreme Court emphasized that delegated legislation should not exceed the scope of the parent Act and must adhere to procedural requirements.
Importance:
Reinforced principles of substantive and procedural ultra vires.
Highlighted importance of checks on delegated legislation.
6. Conclusion
Delegated legislation is an indispensable tool in modern governance.
It provides flexibility, expertise, and efficiency but requires strict controls to prevent abuse.
Courts play a vital role in ensuring delegated legislation remains within legal limits and respects constitutional safeguards.
Clear classification helps understand the scope and function of different types of delegated legislation.
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