Constitutional Validity of Delegated Legislation
✅ 1. What is Delegated Legislation?
Delegated legislation (also known as subordinate or secondary legislation) refers to laws or rules made by executive authorities (like ministers or government departments) under powers given to them by primary legislation (acts passed by the legislature).
Primary legislation: Made by Parliament (e.g., Acts of Parliament).
Delegated legislation: Rules, regulations, notifications, orders, or by-laws made by the executive under the authority of a parent Act.
✅ 2. Why is Delegated Legislation Used?
To fill in details not included in the primary legislation.
To respond quickly to changing circumstances.
For technical or administrative matters where Parliament lacks expertise or time.
✅ 3. Constitutional Basis for Delegated Legislation
In most democratic constitutions, the doctrine of separation of powers implies that the legislature makes laws, the executive enforces them, and the judiciary interprets them. However, delegated legislation is allowed under certain constitutional limitations:
⚖️ Key Constitutional Principles:
Parliamentary Sovereignty: The legislature remains supreme; delegated legislation must conform to the scope provided by the enabling statute.
Doctrine of Excessive Delegation: Parliament cannot delegate essential legislative functions (like defining policy).
Judicial Review: Courts can strike down delegated legislation if it:
Exceeds the scope of the enabling Act (ultra vires).
Violates fundamental rights or other constitutional provisions.
✅ 4. Types of Control over Delegated Legislation
(A) Legislative Control
Parliament scrutinizes delegated legislation through committees and may annul or modify it.
(B) Judicial Control
Courts assess if the delegation is constitutional and whether the rules are ultra vires (beyond the authority).
✅ 5. Landmark Case Laws on Delegated Legislation
Let’s now explore detailed discussions of more than five major cases on this topic, primarily from Indian constitutional law, which provides a rich body of jurisprudence on the subject.
⚖️ Case 1: Re Delhi Laws Act, 1951 (AIR 1951 SC 332)
Facts:
This was a reference case under Article 143 by the President of India questioning the validity of certain provisions of the Delhi Laws Act which allowed the executive to extend laws from other provinces to Delhi with modifications.
Issue:
Whether such delegation was constitutionally valid or amounted to excessive delegation?
Held:
The Supreme Court laid down the "essential legislative function" test.
Essential functions like laying down legislative policy and principles cannot be delegated.
However, conditional legislation and delegation of non-essential details is permissible.
Significance:
This case constitutionalized the limits of delegated legislation in India.
First major judgment laying down limits of permissible delegation.
⚖️ Case 2: Ajoy Kumar Banerjee v. Union of India (1984 AIR 1130)
Facts:
The case dealt with nationalization of industries and whether the executive could use delegated powers to change major aspects of the policy.
Issue:
Did the delegation of such wide powers amount to abdication of legislative responsibility?
Held:
The Court held that the policy and guidelines were clearly laid out in the parent Act.
Delegation was only for the implementation of policy, not formulation.
Significance:
Reinforced the idea that so long as policy is clear, operational details may be delegated.
Upheld validity of such delegated legislation.
⚖️ Case 3: Hamdard Dawakhana v. Union of India (AIR 1960 SC 554)
Facts:
The government issued rules under the Drugs and Magic Remedies Act banning certain advertisements related to health products.
Issue:
Was the delegated authority too broad or vague?
Held:
The Supreme Court struck down the delegation as unconstitutional because it gave unguided, uncontrolled discretion to the executive.
Significance:
Emphasized that guidelines and policy must be clearly stated in the parent Act.
One of the earliest examples of striking down delegated legislation as unconstitutional.
⚖️ Case 4: D.S. Gerewal v. State of Punjab (AIR 1959 SC 512)
Facts:
Challenge to rules framed by the State under a statute which delegated power to the government to make "such rules as it deems fit".
Issue:
Whether this wide power to make rules amounted to excessive delegation?
Held:
The Court held that such delegation is permissible if sufficient control mechanisms (like laying before the legislature) are present.
Significance:
Affirmed that broad delegation is allowed when accompanied by legislative oversight.
Delegation is not bad merely because it is wide in nature.
⚖️ Case 5: State of Tamil Nadu v. Sabanayagam (1998 AIR 344)
Facts:
The State issued a notification under the Employees’ State Insurance Act extending benefits to certain sectors.
Issue:
Whether such an extension, without adequate procedural safeguards or consultation, was valid?
Held:
The Supreme Court ruled that procedural fairness and opportunity to be heard are important even in delegated legislation.
Significance:
Shows that delegated legislation must conform to principles of natural justice when rights are affected.
⚖️ Case 6: Vasu Dev Singh v. Union of India (2006 12 SCC 753)
Facts:
Concerned with government notifications on land acquisition under a delegated authority.
Issue:
Whether such notifications were arbitrary and violative of Article 14 (equality)?
Held:
Delegated legislation, like any law, is subject to constitutional review under Articles 14, 19, and 21.
Held that the rules must not be arbitrary, unreasonable, or discriminatory.
Significance:
Reiterates that constitutional rights apply to delegated legislation too.
✅ 6. Summary: Tests for Constitutional Validity of Delegated Legislation
| Test/Principle | Description |
|---|---|
| Essential Function Test | Legislature must not delegate essential legislative functions (policy decisions). |
| Guidelines and Policy Test | The parent Act must lay down clear policy and guidelines. |
| Ultra Vires Doctrine | Delegated legislation must be within the scope of authority granted. |
| Natural Justice | Rules must not violate procedural fairness, especially when affecting rights. |
| Constitutional Conformity | Delegated legislation must not violate fundamental rights or constitutional provisions. |
✅ 7. Conclusion
Delegated legislation is a practical necessity in modern governance, but it must operate within constitutional limits. Courts play a critical role in ensuring that:
The executive does not overstep its authority,
The legislature does not abdicate its core functions, and
Citizens’ rights are protected from arbitrary rule-making.
The jurisprudence from Indian courts, especially, provides a balanced framework that accommodates flexibility without compromising democratic accountability or the rule of law.
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