Delegative legislation- its need, advantages, disvantages and exceptions
Delegated Legislation
1. Meaning of Delegated Legislation
Delegated legislation (also called subordinate legislation) refers to laws or rules made by an authority other than the legislature, under powers delegated to it by a parent Act of Parliament or legislature.
The legislature enacts a broad statute and delegates power to administrative authorities or ministers to make detailed rules, regulations, or by-laws.
Examples: Rules framed under the Environment Protection Act, notifications under Companies Act, municipal by-laws.
2. Need for Delegated Legislation
Technical Complexity: Laws may require technical details which legislators cannot draft.
Time-Saving: Legislatures cannot manage the minutiae of detailed rules.
Flexibility: Enables quick amendments in response to changing circumstances.
Local Variations: Allows rules tailored to local conditions (e.g., municipal by-laws).
Expertise: Specialized bodies possess better knowledge to make detailed regulations.
Administrative Efficiency: Facilitates effective implementation of broad legislative policies.
3. Advantages of Delegated Legislation
Saves Parliamentary Time: Legislatures focus on broader policy issues.
Expertise and Technical Know-how: Delegated bodies can better understand complex subjects.
Flexibility and Quick Response: Allows rapid changes without going through lengthy legislative process.
Local Customization: Enables rules to be adapted for different regions.
Cost-effective: Reduces the burden on legislature and administration.
4. Disadvantages of Delegated Legislation
Democratic Deficit: Made by unelected officials, reducing accountability.
Risk of Abuse and Arbitrary Rule-Making: Wide discretionary powers can lead to misuse.
Lack of Proper Scrutiny: Delegated legislation may escape thorough parliamentary examination.
Complexity and Volume: Large volume of delegated rules can be confusing for citizens.
Judicial Intervention Limitations: Courts may hesitate to interfere unless clear ultra vires or unconstitutional acts occur.
5. Exceptions to Delegated Legislation
Certain powers cannot be delegated or have limitations:
No Delegation of Essential Legislative Functions: Fundamental law-making powers remain with the legislature.
Non-Delegable Powers: Powers involving policy decisions or constitutional amendments.
Judicial Review: Delegated legislation cannot override parent Act or violate the Constitution.
Emergency or National Security: Sometimes laws restrict delegation in sensitive areas.
Important Case Laws on Delegated Legislation
1. A.K. Roy v. Union of India (1982)
Facts: Challenge to the validity of ordinances and delegated legislation under the National Security Act.
Held: Supreme Court held that delegated legislation must conform to the Constitution and parent Act.
Principle: Delegated legislation exceeding the powers or violating fundamental rights is ultra vires.
Significance: Established judicial control over delegated legislation.
2. R. vs. Home Secretary, ex parte Fire Brigades Union (1995) (UK Case)
Facts: Government failed to exercise delegated powers to introduce a statutory compensation scheme.
Held: Court ruled the Home Secretary's failure to exercise power was reviewable and held unlawful.
Principle: Delegated powers must be exercised lawfully and in accordance with legislative intent.
Significance: Ensures executive accountability in delegated rule-making.
3. T.N. Godavarman Thirumulpad v. Union of India (1997)
Facts: Challenge regarding rules framed under Environment Protection Act.
Held: The Supreme Court held that delegated rules must conform to principles of natural justice and statutory provisions.
Principle: Delegated legislation is subject to constitutional and statutory limitations.
Significance: Reinforced judicial oversight over delegated environmental regulations.
4. D.C. Wadhwa v. State of Bihar (1987)
Facts: Challenged notification issued by the government delegating powers.
Held: The Court declared that delegated legislation must have clear guidelines and cannot be arbitrary.
Principle: Ensured that broad delegations without guidelines can be declared ultra vires.
Significance: Prevented arbitrary delegation without proper framework.
5. S. R. Bommai v. Union of India (1994)
Facts: Concerned proclamations under Article 356 (President’s Rule).
Held: Court scrutinized the delegated powers and held that misuse or arbitrary exercise of power will be invalid.
Principle: Delegated powers under Constitution must be exercised within limits and subject to judicial review.
Significance: Controlled arbitrary use of delegated powers in constitutional context.
Summary Table
| Aspect | Explanation | Example Case |
|---|---|---|
| Need | Expertise, flexibility, saving time | T.N. Godavarman Thirumulpad |
| Advantages | Speed, expertise, adaptability | R. vs. Home Secretary, ex parte Fire Brigades Union |
| Disadvantages | Lack of accountability, abuse risk | D.C. Wadhwa v. State of Bihar |
| Exceptions | Non-delegable powers, essential legislative acts | S. R. Bommai v. Union of India |
Conclusion
Delegated legislation is a necessary and useful legislative tool to deal with complex, technical, and detailed regulations. However, its use requires balance — maintaining democratic accountability, legal safeguards, and judicial oversight to prevent arbitrary or ultra vires rule-making.
The judiciary plays a pivotal role in ensuring delegated legislation is made within the powers conferred by the statute and respects constitutional principles.
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