Agencies and delegated legislation
Agencies and Delegated Legislation
📘 I. Introduction
In modern governance, legislatures cannot deal with every detail of every law. They create broad frameworks and delegate powers to administrative agencies or authorities to fill in the details. This is known as delegated legislation.
🔍 II. Key Concepts
1. Delegated Legislation
Also called subordinate or secondary legislation, it refers to laws made by bodies other than the legislature, under authority granted by a primary (parent) Act.
2. Administrative Agencies
Agencies (e.g., commissions, boards, ministries) are government-created bodies tasked with specific regulatory, enforcement, or rule-making responsibilities. They are often the creators and enforcers of delegated legislation.
3. Types of Delegated Legislation
Statutory Instruments (rules, regulations)
By-laws (local authorities)
Orders-in-Council
Ministerial Regulations
4. Purpose
Manage complex and technical details
Respond quickly to changing situations
Decentralize governance
Increase efficiency and flexibility
⚖️ III. Judicial Control and Legal Limits
Although necessary, delegated legislation must be controlled, as it involves transferring law-making power to non-elected officials. Courts step in when:
Powers are exceeded (ultra vires)
Natural justice is breached
Basic rights are infringed
📚 IV. Case Law: Detailed Analysis of Key Cases
Let’s now look at more than five cases, across UK, Indian, and Canadian jurisdictions, that define and develop the law around agencies and delegated legislation.
1. A.G. v. Wilts United Dairies Ltd. [1921] 37 TLR 884 (UK)
📝 Facts:
The Ministry of Food imposed a levy on dairy producers without express authority under the parent Act.
⚖️ Held:
The levy was declared ultra vires because there was no enabling provision in the statute for such a charge.
🧠 Key Principle:
Agencies must stay within the limits of delegated powers.
A financial burden (like a tax or levy) cannot be imposed without clear statutory authorization.
2. R v. Home Secretary, ex parte Fire Brigades Union [1995] 2 AC 513 (UK)
📝 Facts:
The Home Secretary tried to implement a criminal injuries compensation scheme via delegated legislation before the statutory scheme under the Act came into force.
⚖️ Held:
The action was unlawful as it undermined the intent of Parliament. Ministers cannot use delegated powers to contradict or delay primary legislation.
🧠 Key Principle:
Delegated legislation cannot be used to thwart Parliament’s will.
Administrative discretion must not be exercised to defeat the purpose of the enabling Act.
3. Delhi Laws Act Case (1951 AIR 332, India)
📝 Facts:
The President of India passed laws extending legislation to other provinces with modifications, under a power delegated by Parliament.
⚖️ Held:
The Supreme Court upheld most delegation but stated that essential legislative functions (e.g., deciding policy) cannot be delegated.
🧠 Key Principle:
"Essential functions" of legislation (policy-making) must be retained by the legislature.
Delegation is allowed, but with reasonable limitations.
4. Indian Express Newspapers v. Union of India (AIR 1986 SC 515, India)
📝 Facts:
The validity of rules under the Customs Act was challenged as being arbitrary and violating freedom of speech (since newsprint was taxed heavily).
⚖️ Held:
While courts don’t interfere in policy decisions, delegated legislation is reviewable if it violates constitutional rights.
🧠 Key Principle:
Delegated legislation is subject to judicial review, especially on grounds of reasonableness, arbitrariness, or constitutional violation.
5. Re Gray [1918] 57 SCR 150 (Canada)
📝 Facts:
The Canadian Parliament delegated legislative powers to the Governor-in-Council during World War I.
⚖️ Held:
The Supreme Court of Canada upheld the delegation due to the emergency situation, but cautioned against excessive delegation of plenary legislative powers.
🧠 Key Principle:
Delegation may be upheld in emergency situations, but Parliament cannot abdicate its core law-making role.
6. K.C. Gajapati Narayan Deo v. State of Orissa (1953 AIR 375, India)
📝 Facts:
Challenged a law enabling the executive to modify tenancy rights without legislative oversight.
⚖️ Held:
The delegation was struck down. The court emphasized that laws affecting rights must be subject to legislative control.
🧠 Key Principle:
Delegated legislation that impacts fundamental rights requires stricter scrutiny and cannot escape legislative review.
7. Yakus v. United States (321 U.S. 414, 1944) (USA)
📝 Facts:
The U.S. Congress authorized an agency to set maximum prices during wartime.
⚖️ Held:
The U.S. Supreme Court upheld the delegation, stating that Congress provided an intelligible principle to guide the agency.
🧠 Key Principle:
Delegation is valid if Congress provides clear standards and guidelines to the agency.
U.S. doctrine of “intelligible principle” applies.
✅ V. Summary Table of Key Cases
| Case | Jurisdiction | Key Legal Issue | Outcome |
|---|---|---|---|
| Wilts United Dairies | UK | Unauthorized levy | Levy was ultra vires |
| Fire Brigades Union | UK | Delegated powers vs Parliamentary will | Action unlawful |
| Delhi Laws Act Case | India | Scope of delegation | Essential functions non-delegable |
| Indian Express Case | India | Arbitrariness in delegated rules | Reviewable by courts |
| Re Gray | Canada | Delegation during emergency | Upheld with caution |
| K.C. Gajapati Narayan Deo | India | Delegation affecting rights | Struck down |
| Yakus v. U.S. | USA | Standards in delegation | Delegation upheld |
📌 Conclusion
Delegated legislation is a practical necessity in modern governance. However, it must operate within constitutional and legal boundaries. Courts across jurisdictions have emphasized that:
Delegation must not override primary legislation.
Agencies must act within the scope of their delegated powers.
Core legislative functions (like setting policy) must remain with Parliament.
Judicial review is available for abuse, excess, or unconstitutionality.
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