Delegated Legislation in India in comparison with USA
Delegated Legislation: India vs. USA
What is Delegated Legislation?
Delegated legislation (also known as subordinate or secondary legislation) refers to laws or regulations made by an authority (often an executive or administrative body) under powers delegated by the legislature. This is necessary because legislatures cannot draft detailed rules for every situation.
Delegated Legislation in India
Constitutional and Legal Framework
In India, delegated legislation is governed primarily by:
The Constitution of India,
Statutes enacted by Parliament or State Legislatures,
Rules framed by executive authorities under statutory powers.
Article 245 empowers Parliament and State Legislatures to make laws; delegated legislation flows from laws made under this.
The General Clauses Act, 1897 and specific statutes provide procedural guidelines.
Delegated legislation includes:
Rules, regulations, bylaws, notifications, orders, etc.
Features
Delegated legislation is subject to judicial review for being ultra vires (beyond delegated powers).
The parent Act specifies the scope and limits of the delegation.
Procedural safeguards like publication, consultation, and laying before legislature are often required.
It includes administrative rules and quasi-legislative acts.
Control Mechanisms in India
Judicial Review: Courts can strike down delegated legislation if:
It exceeds the delegated authority (ultra vires),
Is unreasonable or arbitrary,
Violates fundamental rights or constitutional provisions.
Parliamentary Control: Certain rules must be laid before the legislature.
Procedural Requirements: Publication in the Official Gazette, etc.
Delegated Legislation in the USA
Constitutional and Legal Framework
The U.S. Constitution establishes a separation of powers between the legislative, executive, and judiciary.
The Congress enacts statutes and delegates certain powers to executive agencies.
Administrative agencies (e.g., EPA, SEC) are empowered to make rules, regulations, orders under enabling statutes.
Features
Delegated legislation in the U.S. is called administrative law or rulemaking.
Agencies use notice-and-comment rulemaking under the Administrative Procedure Act (APA), 1946.
Rules have the force of law but are subject to:
Public participation, transparency, and
Judicial review.
Control Mechanisms in the USA
Administrative Procedure Act (APA):
Requires notice of proposed rulemaking,
Opportunity for public comments,
Justification of rules.
Judicial Review: Courts review agency rules for:
Exceeding statutory authority,
Arbitrary or capricious decisions,
Failure to follow APA procedures.
Congressional Oversight: Congress can repeal or amend enabling statutes.
Comparative Analysis
| Aspect | India | USA |
|---|---|---|
| Source of Delegation | Statutes enacted by Parliament and State Legislatures | Federal statutes enacted by Congress |
| Scope of Delegation | Rules, regulations, notifications, bylaws | Rules, regulations, orders issued by administrative agencies |
| Procedural Requirements | Publication, laying before legislature, consultation | Notice and comment rulemaking under APA |
| Judicial Review | Ultra vires doctrine; reasonableness; fundamental rights | Arbitrary & capricious test; statutory authority; APA compliance |
| Legislative Control | Laying before legislature; repeal/amend parent Act | Congressional oversight; power of appropriations |
Important Case Laws on Delegated Legislation
Indian Cases
1. A.K. Roy v. Union of India (1982)
Issue: Delegated legislation banning strikes by coal mine workers.
Held: Delegated legislation must not violate fundamental rights or go beyond the parent Act.
Principle: Judicial control over delegated legislation to ensure constitutional compliance.
2. K.C. Gajapati Narayan Deo v. State of Orissa (1953)
Issue: Delegated legislation concerning land reforms.
Held: Delegated legislation must adhere to the limitations of the enabling Act and cannot add or alter the statute’s provisions.
Principle: Delegated legislation is subordinate and must conform strictly to enabling law.
3. Rajasthan State Electricity Board v. Mohan Lal (1967)
Issue: Whether rules made under delegated powers were ultra vires.
Held: Rules made beyond scope or inconsistent with parent Act are void.
Principle: Reinforces ultra vires doctrine.
4. Union of India v. Tarun Bhagat (2005)
Issue: Challenge to procedural compliance in delegated legislation.
Held: Non-compliance with procedural requirements can render delegated legislation invalid.
Principle: Procedural safeguards are vital for valid delegated legislation.
US Cases
1. Chevron U.S.A., Inc. v. Natural Resources Defense Council (1984)
Issue: Extent of judicial deference to administrative agencies interpreting statutes.
Held: Courts must defer to agency interpretations if the statute is ambiguous and the interpretation is reasonable.
Principle: Established the “Chevron deference” doctrine giving broad powers to agencies.
2. Motor Vehicle Manufacturers Association v. State Farm (1983)
Issue: Review of agency rule rescinding safety regulations.
Held: Agency action must not be arbitrary or capricious.
Principle: Established standards for judicial review under the APA.
3. Goldberg v. Kelly (1970)
Issue: Requirement of due process in administrative decisions affecting welfare benefits.
Held: Due process requires a hearing before benefits are terminated.
Principle: Procedural fairness is essential in delegated administrative actions.
4. INS v. Chadha (1983)
Issue: Validity of legislative veto over administrative decisions.
Held: Legislative veto violated separation of powers.
Principle: Clarified limits of congressional control over delegated powers.
Conclusion
Delegated legislation is essential in both India and the USA to handle complex and technical matters beyond the legislature’s capacity.
India emphasizes statutory limits, fundamental rights, and procedural safeguards, with courts exercising strict ultra vires review.
The USA relies heavily on the Administrative Procedure Act, notice-and-comment rulemaking, and doctrines like Chevron deference, balancing agency expertise and judicial control.
Both systems maintain judicial review and legislative oversight as key controls, but procedural formalities and the degree of deference differ.
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