Delegated legislation in India Detailed
Delegated Legislation in India
What is Delegated Legislation?
Delegated legislation (also called subordinate or secondary legislation) refers to laws or rules made by persons or bodies other than the legislature, under the authority delegated by the legislature. It allows the legislature to entrust the power to make detailed rules and regulations to the executive or other agencies.
Why is Delegated Legislation Necessary?
Volume and Complexity:
The legislature cannot make detailed rules on every issue, especially in complex areas like environment, taxation, industry, etc.
Expertise:
Delegation enables experts and administrators to formulate detailed regulations.
Flexibility and Speed:
Delegated legislation allows faster law-making and adaptation to changing circumstances.
Efficiency:
Frees the legislature to concentrate on broader policy issues.
Constitutional Provisions for Delegated Legislation
Article 245: Parliament/State legislatures may make laws but also empower others to make subordinate legislation.
Article 246: Distribution of legislative powers between Union and States.
Article 253: Parliament can legislate for implementing international treaties.
Article 312: Rajya Sabha can authorize Parliament to create all-India services, including delegated powers.
Article 309: Power of Parliament/State legislature to regulate recruitment and conditions of service of public servants.
Various statutory provisions empower delegated legislation.
Types of Delegated Legislation
Rules: Detailed prescriptions made under a statute.
Regulations: More detailed rules, often for specific sectors.
By-laws: Made by local authorities or corporations.
Orders/Notifications: Administrative directions.
Schemes/Policies: Specific plans framed under authority.
Control over Delegated Legislation
Judicial Control: Courts can declare delegated legislation ultra vires (beyond power) if it violates the constitution or parent Act.
Parliamentary Control: Through affirmative/negative resolution procedures.
Procedural Safeguards: Certain conditions like publication, consultation, etc.
Important Case Laws on Delegated Legislation in India
1. A.K. Roy v. Union of India (1982)
Facts:
Challenge against the detention orders issued under the Maintenance of Internal Security Act (MISA), which were broad and vague.
Holding:
The Supreme Court held that delegated legislation must not be vague or arbitrary and must be within the scope of the parent Act.
Significance:
Established the principle that delegated legislation should not be arbitrary or oppressive and must adhere strictly to the enabling Act.
2. Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)
Facts:
Challenged rules framed under the Essential Commodities Act, alleging they were beyond the scope of the Act.
Holding:
The Court held that delegated legislation must conform to the parent Act and should not override the statute.
Significance:
Reinforced the doctrine of ultra vires, limiting delegated legislation to the power given by the parent law.
3. Rupa Ashok Hurra v. Ashok Hurra (2002)
Facts:
Challenge against rules made under the Income Tax Act regarding reassessment and penalties.
Holding:
The Court emphasized that delegated legislation should be clear, not arbitrary or unfair, and should not exceed the scope of the enabling statute.
Significance:
Emphasized fairness and clarity in delegated legislation, protecting individual rights.
4. Union of India v. A.K. Jha (1964)
Facts:
Legality of a presidential order delegating powers under the Essential Commodities Act was challenged.
Holding:
The Court held that delegation of legislative power is valid if the statute authorizes it and if the delegated authority acts within the prescribed limits.
Significance:
Affirmed constitutionality of delegated legislation if it stays within the parent Act’s framework.
5. Sundar Durai R v. Union of India (1976)
Facts:
Delegated legislation under the Motor Vehicles Act was challenged for being ultra vires.
Holding:
The Court ruled that delegated legislation is subject to judicial review and must follow the procedural and substantive limits imposed by the statute.
Significance:
Reaffirmed courts’ power to review delegated legislation for legality.
6. M.C. Mehta v. Union of India (1986)
Facts:
Environmental regulations were issued under the Environment Protection Act.
Holding:
The Supreme Court upheld delegated legislation in environmental matters, stressing the need for effective regulation.
Significance:
Showed the importance and validity of delegated legislation in fast-evolving and technical fields like environment.
Summary Table of Key Case Laws
| Case | Year | Issue | Holding / Significance |
|---|---|---|---|
| A.K. Roy v. Union of India | 1982 | Vague and arbitrary rules | Delegated legislation must not be arbitrary or vague |
| Bhikaji Narain Dhakras v. MP | 1955 | Ultra vires rules | Delegated legislation must conform to the parent Act |
| Rupa Ashok Hurra v. Ashok Hurra | 2002 | Clarity and fairness | Delegated legislation must be clear and fair |
| Union of India v. A.K. Jha | 1964 | Validity of delegation | Delegated power valid if statute authorizes and limits followed |
| Sundar Durai R v. Union of India | 1976 | Judicial review of rules | Courts can review delegated legislation for legality |
| M.C. Mehta v. Union of India | 1986 | Environmental regulations | Delegated legislation vital in technical areas |
Conclusion
Delegated legislation is essential for the effective functioning of modern governance in India.
It allows detailed rules to be made by competent authorities under legislative guidance.
However, it must stay within the limits of the enabling statute and comply with constitutional principles.
The judiciary acts as a vital check to prevent abuse of delegated powers by declaring ultra vires laws invalid.
Parliamentary oversight and procedural safeguards further ensure accountability.
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