Delegated Legislation in India
Delegated Legislation in India: Detailed Explanation
What is Delegated Legislation?
In India, Delegated Legislation refers to rules, regulations, by-laws, or orders made by persons or authorities other than the legislature but under the authority of a statute enacted by the Parliament or State Legislature. The legislature delegates its legislative powers to executive authorities for making detailed rules and regulations to implement the law effectively.
Why Delegated Legislation in India?
Technical complexity: Parliament or State Legislatures may lack technical expertise.
Time-saving: Enables quick and flexible law-making.
Local governance: Allows local bodies to make laws suitable for local needs.
Emergency situations: Provides power to make immediate regulations when urgent.
Sources of Delegated Legislation in India
Statutory Rules and Regulations: Made by the executive under powers granted by statutes.
By-laws: Made by local authorities or corporations.
Orders and Notifications: Issued by government departments or ministers.
Executive Orders: Made by the President or Governor under constitutional or statutory powers.
Control Over Delegated Legislation in India
Parliamentary Control: Legislature can annul or modify delegated legislation.
Judicial Control: Courts can declare delegated legislation invalid if ultra vires.
Procedural safeguards: Statutes often specify procedures like publication, consultation, and approval.
Grounds for Judicial Review of Delegated Legislation
Ultra Vires: Beyond the powers granted by the parent Act.
Unreasonableness: Arbitrary or unreasonable rules can be struck down.
Violation of fundamental rights.
Procedural irregularity: Failure to follow statutory procedures.
Conflict with the parent Act.
Important Case Laws on Delegated Legislation in India
1. A.K. Roy v. Union of India (1982)
Facts: Challenged the validity of regulations made under the Essential Services Maintenance Act.
Held: The Supreme Court emphasized that delegated legislation must be within the scope of the enabling statute and should not violate fundamental rights.
Principle: Delegated legislation cannot override constitutional guarantees.
2. Delhi Laws Act Case (R.C. Cooper v. Union of India) (1970)
Facts: Challenged certain presidential regulations made under the Constitution.
Held: The Court held that the President's power to make regulations under Article 370 could be exercised only within the limits prescribed and must comply with fundamental rights.
Principle: Delegated legislation must conform to constitutional provisions.
3. K.C. Gajapati Narayan Deo v. Orissa (1953)
Facts: Challenged the validity of rules made under a statutory power regarding estate succession.
Held: The Court held that when delegated legislation conflicts with the parent Act, the latter prevails.
Principle: Delegated legislation cannot override the parent Act.
4. Associated Hotels of India Ltd. v. Union of India (1972)
Facts: The government issued regulations for the hotel industry under a statute.
Held: The Supreme Court held that rules must be reasonable and made according to the enabling statute.
Principle: Delegated legislation must be reasonable and not arbitrary.
5. Bhagwandas Goverdhandas Kedia v. Union of India (1966)
Facts: Challenged an order made under the Essential Commodities Act.
Held: The Court held that the order was ultra vires because it exceeded the powers conferred by the parent Act.
Principle: Delegated legislation must strictly adhere to the powers granted.
6. In Re Delhi Laws Act (1951)
Facts: Concerned the validity of delegated legislation made under Article 239 of the Constitution.
Held: The Court ruled that delegated legislation must conform to the parent law and fundamental rights.
Principle: Judicial review is essential to keep delegated legislation within limits.
Summary of Key Principles from Indian Cases:
Delegated legislation must conform to the parent Act (K.C. Gajapati Narayan Deo).
It must not violate fundamental rights (A.K. Roy).
It should be reasonable and not arbitrary (Associated Hotels of India).
Must follow procedural requirements (Bhagwandas Goverdhandas Kedia).
Subject to judicial review to ensure legality and constitutionality (Delhi Laws Act cases).
Final Notes:
Delegated legislation in India plays a crucial role in law-making, but it is carefully monitored to prevent misuse. Courts act as guardians ensuring that such legislation remains within legal and constitutional boundaries.
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