Delegated Legislation in USA, UK, and in India: Pre and Post Constitutional Period
Delegated Legislation in USA, UK, and India
Pre and Post Constitutional Period: Detailed Explanation with Case Law
1. Delegated Legislation: Meaning and Importance
Delegated legislation refers to laws made by an authority other than the legislature but with the legislature's authority. This is necessary because legislatures often lack the time or expertise to draft detailed laws on complex or technical matters.
I. Delegated Legislation in the United States of America
A. Pre-Constitutional Period (Colonial Era)
Before the US Constitution (1787), legislative powers were exercised mainly by colonial assemblies.
Delegated legislation existed in the form of orders or bylaws by local governments, but it was unregulated.
The British Crown exercised executive power through Governors, often with delegated authority from the King.
B. Post-Constitutional Period
The US Constitution (1787) separated powers into three branches and gave Congress the legislative power.
Delegated legislation is mainly done by administrative agencies through rule-making and regulations.
The Non-Delegation Doctrine limits Congress’s power to delegate legislative authority without adequate guidelines.
Important US Case Laws on Delegated Legislation
J.W. Hampton Jr. & Co. v. United States (1928)
Facts: Congress delegated tariff-setting powers to the President.
Holding: Upheld delegation because Congress gave an “intelligible principle” guiding the delegate.
Significance: Established the "intelligible principle" test — Congress can delegate legislative power if clear standards are provided.
Panama Refining Co. v. Ryan (1935)
Facts: Delegation without clear standards related to oil transportation was challenged.
Holding: Struck down delegation as Congress failed to give adequate guidance.
Significance: Emphasized limits on delegation.
Schechter Poultry Corp. v. United States (1935)
Facts: Challenged delegation under the National Industrial Recovery Act.
Holding: Declared delegation unconstitutional as Congress did not provide adequate standards.
Significance: Strengthened the Non-Delegation Doctrine.
Mistretta v. United States (1989)
Facts: Delegation to the Sentencing Commission.
Holding: Upheld delegation citing intelligible principle.
Significance: Modern reaffirmation of the doctrine allowing flexible delegation.
II. Delegated Legislation in the United Kingdom
A. Pre-Constitutional Period
Before parliamentary supremacy, monarchs delegated powers to nobles or officials through royal prerogative.
Delegated legislation evolved gradually via statutory rules, by-laws, and Orders in Council.
B. Post-Glorious Revolution and Parliamentary Supremacy
Parliament became sovereign; delegated legislation flourished as Parliament passed Enabling Acts allowing ministers or local bodies to make rules.
Use of Statutory Instruments (SIs) and other forms became common.
Important UK Case Laws on Delegated Legislation
R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995)
Facts: Challenge on the Home Secretary’s failure to implement delegated powers.
Holding: Courts held delegated powers must be exercised according to enabling Act.
Significance: Limits executive discretion under delegated legislation.
Attorney General v De Keyser’s Royal Hotel Ltd (1920)
Facts: Government tried to exercise prerogative powers conflicting with delegated legislation.
Holding: Statutory power overrides prerogative power.
Significance: Parliamentary legislation controls delegation.
Agricultural, Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms Ltd (1972)
Facts: Failure to consult as required under enabling Act.
Holding: Delegated legislation declared ultra vires.
Significance: Procedural compliance is mandatory.
R (on the application of Miller) v Secretary of State for Exiting the European Union (2017)
Facts: Government attempted to trigger Article 50 using delegated powers.
Holding: Ruled that such major constitutional powers cannot be delegated.
Significance: Limits on scope of delegation for constitutional matters.
III. Delegated Legislation in India
A. Pre-Constitutional Period (British Rule)
Delegated legislation was common under the Government of India Acts.
The British Parliament and Governor-General delegated powers to various administrative officers.
The Rules, Regulations, Orders, and Notifications system became entrenched.
B. Post-Constitutional Period
The Constitution of India (1950) allows Parliament and State Legislatures to delegate powers.
Articles like Article 249, Article 254(2), and Article 312 deal with delegated legislation.
However, delegation must be controlled by intelligible principles and judicial scrutiny is available.
Important Indian Case Laws on Delegated Legislation
A.K. Roy v Union of India (1982)
Facts: Challenge on broad delegated powers under the National Security Act.
Holding: Delegation is valid if intelligible principles guide the exercise.
Significance: Affirmed delegation subject to guidelines.
Rajasthan State Electricity Board v Mohan Lal (1967)
Facts: Power to fix tariffs without guidelines.
Holding: Delegation struck down for lack of standards.
Significance: Need for legislative guidance.
Himat Lal Shah v Commissioner of Income Tax (1968)
Facts: Absolute discretion given without intelligible principle.
Holding: Delegation invalid.
Significance: Reinforces limits on delegation.
K.C. Vasanth Kumar v Union of India (1987)
Facts: Challenge to Customs notifications.
Holding: Delegated legislation must follow enabling Act strictly.
Significance: Procedural and substantive control on delegated legislation.
M.P. Sugar Mills Ltd v State of Madhya Pradesh (1964)
Facts: Conditional excise duties imposed via delegated legislation.
Holding: Valid if backed by enabling statute.
Significance: Conditional delegated legislation allowed.
Summary Table
| Country | Pre-Constitutional Period | Post-Constitutional Period | Key Principle | Landmark Cases |
|---|---|---|---|---|
| USA | Colonial assemblies, royal governors | Constitution limits delegation via Non-Delegation Doctrine | Intelligible principle test | Hampton v US, Panama Refining, Schechter Poultry, Mistretta |
| UK | Royal prerogative, early parliamentary statutes | Parliamentary supremacy, detailed control over delegation | Ultra vires, parliamentary sovereignty | Fire Brigades Union, De Keyser’s Hotel, Aylesbury Mushrooms, Miller |
| India | British Government Acts, Governor-General powers | Constitution permits delegation with judicial control | Intelligible principles, ultra vires | A.K. Roy, Rajasthan Electricity Board, Himat Lal Shah, K.C. Vasanth Kumar |
Conclusion
Delegated legislation is essential for modern governance in all three countries but is subject to limits to prevent excessive delegation and ensure accountability. The “intelligible principle” test governs delegation in the USA and India, while the UK focuses on ultra vires and parliamentary sovereignty. Judicial review serves as a check on misuse of delegated legislative powers.
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