Delegated legislation: meaning and nature
Delegated Legislation: Meaning and Nature
Meaning of Delegated Legislation
Delegated legislation (also called subordinate legislation or secondary legislation) refers to laws or regulations made by an authority or person other than the legislature but with the legislature's delegated authority.
It is law made by a subordinate authority under the powers conferred on it by an enabling or parent Act of the legislature.
Since legislatures (Parliament/State Legislatures) cannot enact all detailed laws due to complexity or volume, they delegate rule-making powers to ministries, government departments, or other bodies.
It includes rules, regulations, by-laws, orders, notifications, schemes, and bye-laws.
Nature of Delegated Legislation
Subordinate to the parent Act: It derives its authority solely from the parent Act.
Detailed and technical: Legislatures delegate because they cannot deal with every small detail.
Varied authorities: Can be made by executive (ministries), local authorities, tribunals, or statutory bodies.
Controlled by legislature and judiciary: Subject to conditions, limitations, and judicial review.
Can be challenged if it goes beyond the powers granted (ultra vires).
Why Delegated Legislation?
Volume and Complexity: Parliament cannot handle every detail.
Expertise: Specialists or administrative bodies can make detailed rules.
Flexibility: Rules can be changed quickly to adapt to changing circumstances.
Local needs: Local authorities can tailor by-laws to their requirements.
Types of Delegated Legislation
Rules
Regulations
Orders
Bye-laws
Notifications
Key Features
| Feature | Explanation |
|---|---|
| Parent Act | Delegated legislation must be authorized by a parent statute |
| Limited scope | Cannot exceed powers granted |
| Administrative nature | Made by executive or administrative authorities |
| Subject to control | Parliament can annul or amend, courts can review |
| Usually detailed | Provides technical details or operational guidelines |
Landmark Case Laws on Delegated Legislation
1. Agricultural Market Committee v. Shyam Narain (1964) (India)
Facts:
An agricultural market committee made a by-law imposing a tax on traders without proper authority under the parent Act.
Issue:
Whether the by-law was valid.
Held:
The Supreme Court held the by-law invalid as it was beyond the powers conferred by the parent Act.
Principle:
Delegated legislation must conform strictly to the enabling Act. If it goes beyond, it is ultra vires and void.
2. A.K. Roy v. Union of India (1982) (India)
Facts:
Government passed an ordinance banning strikes by coal miners.
Issue:
Whether such an ordinance was valid.
Held:
The Supreme Court held that while delegated legislation is valid, it cannot violate fundamental rights. Any subordinate legislation violating fundamental rights is void.
Principle:
Delegated legislation cannot override the Constitution or fundamental rights.
3. Madras Bar Association v. Union of India (2010) (India)
Facts:
Parliament passed the National Tax Tribunal Act giving powers to the Tribunal, but the Act was challenged for delegating too much power.
Issue:
Whether the Act violated the doctrine of separation of powers.
Held:
The Supreme Court emphasized that delegated legislation cannot be arbitrary and must be exercised within limits set by the parent Act.
Principle:
Ensures checks on delegated power to prevent abuse.
4. British Oxygen Co. Ltd. v. Minister of Technology (1970) (UK)
Facts:
The Minister refused to grant a license based on delegated legislation powers but the refusal was challenged.
Issue:
Whether the Minister acted reasonably in refusing the license.
Held:
The court held that the minister must act reasonably and within the limits set by the enabling Act.
Principle:
Delegated legislation must be exercised reasonably and not arbitrarily.
5. R. v. Home Secretary, ex parte Fire Brigades Union (1995) (UK)
Facts:
The Home Secretary promised compensation to victims but changed policy, not implementing delegated legislation provisions.
Issue:
Whether the Home Secretary’s action was lawful.
Held:
The court held that the executive cannot frustrate the will of Parliament by refusing to implement delegated legislation unless authorized.
Principle:
The executive must follow the intent and scope of delegated powers strictly.
6. K.C. Gajapati Narayan Deo v. Orissa (1953) (India)
Facts:
The Orissa government made regulations regulating the use of land. These regulations were challenged.
Held:
The Supreme Court upheld that delegated legislation can be made to supplement the parent Act but must follow the Act's purpose and conditions.
Principle:
Delegated legislation supplements the law but cannot alter or destroy the essential features of the parent Act.
7. Pannalal Bansilal v. Union of India (1960) (India)
Facts:
Government issued an order making provisions for restrictions on property acquisition under delegated legislation.
Held:
The Supreme Court held that delegated legislation cannot impose a penalty or criminalize behavior unless expressly empowered.
Principle:
Delegated legislation is not allowed to create offenses or impose penalties unless explicitly authorized.
Summary of Principles from Case Laws
| Principle | Explanation | Case Example |
|---|---|---|
| Ultra vires Doctrine | Delegated legislation beyond powers is invalid | Agricultural Market Committee v. Shyam Narain |
| Cannot override fundamental rights | Must conform to Constitution | A.K. Roy v. Union of India |
| Must be reasonable and not arbitrary | Power must be exercised fairly | British Oxygen Co. Ltd. v. Minister of Technology |
| Must follow enabling Act’s intent | Executive must not frustrate legislative intent | R. v. Home Secretary, ex parte Fire Brigades Union |
| Cannot create criminal offenses without authority | Penal provisions require express authorization | Pannalal Bansilal v. Union of India |
Conclusion
Delegated legislation is a necessary feature of modern governance that provides flexibility, technical expertise, and efficiency in law-making. However, it must be exercised within strict legal limits and under judicial scrutiny to prevent misuse or arbitrary governance.
The case laws discussed clearly establish that:
Delegated legislation cannot exceed the powers granted by the parent Act.
It must not violate fundamental rights or constitutional provisions.
It must be reasonable and follow the legislative intent.
Courts have the power to review and invalidate ultra vires delegated legislation.
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