Excessive delegation and constitutional limitations
Excessive Delegation and Constitutional Limitations
1. What is Delegation of Legislative Power?
Delegation of legislative power occurs when the legislature (Parliament or State Legislature) transfers some of its law-making authority to the executive branch or other authorities, such as administrative agencies or bodies. This delegation is often necessary for the effective functioning of the government, as the legislature cannot foresee or legislate every detail or technicality.
2. Why is Delegation Necessary?
Complex and technical subjects require detailed rules and regulations.
The legislature cannot meet frequently or quickly to address emerging issues.
Specialized agencies or bodies have expertise in particular fields.
3. What is Excessive Delegation?
Excessive delegation occurs when the legislature transfers too much of its law-making power without providing adequate guidelines or principles to the delegate. This means the delegate has almost unfettered discretion to make laws or rules without any meaningful standards or limits.
Constitutional Limitations on Delegation
The Constitution of India under Article 14 (Equality before law) and Article 21 (Right to Life and Personal Liberty) implies that the legislature cannot abdicate its essential legislative functions.
The Doctrine of Separation of Powers requires that the legislature should not transfer its core legislative powers to the executive.
Delegation must be accompanied by clear guiding principles, policies, or standards to prevent arbitrary or unlimited power.
Legal Principles on Delegation
Delegation must be to an authority competent to deal with the matter.
There must be an intelligible principle or guideline given to the delegate.
The legislature cannot delegate its core or essential legislative functions.
Delegated powers should not be used to make laws that are fundamentally legislative in nature (e.g., imposing taxes or criminal penalties without legislative oversight).
Landmark Case Laws on Excessive Delegation
1. A. K. Roy v. Union of India, AIR 1982 SC 710
Facts: The government issued an order detaining a person under the Maintenance of Internal Security Act (MISA) based on broad and vague terms.
Held: The Supreme Court struck down the delegation as it was too vague and gave excessive power to the executive without clear guidelines.
Significance: The Court emphasized that delegation must be accompanied by clear guidelines. The law must lay down clear standards to control the discretion of the authority.
2. Romesh Thappar v. State of Madras, AIR 1950 SC 124
Facts: The government banned a newspaper under delegated powers without a clear legislative framework.
Held: The Supreme Court held that the legislature cannot delegate absolute power to the executive to impose restrictions without guidelines.
Significance: The Court underscored that the legislature must lay down standards and principles for the delegated authority to follow.
3. In Re: Delhi Laws Act Case, AIR 1951 SC 332
Facts: The question was about the legislature delegating its power to an authority without clear principles.
Held: The Supreme Court held that excessive delegation without guiding principles is unconstitutional.
Significance: Established the “intelligible principle” doctrine in Indian constitutional law.
4. Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857
Facts: The case challenged rules framed by the Electricity Board under delegated powers.
Held: The Court held that delegation is permissible only when there is a broad legislative framework. Delegation of essential legislative functions was not allowed.
Significance: Distinguished between policy-making (legislative) and administrative details. The former must remain with the legislature.
5. State of Rajasthan v. G. Chawla, AIR 1965 SC 845
Facts: The question was about the delegation of power to fix prices and the impact on legislative control.
Held: The Court emphasized that delegation of power must be accompanied by sufficient guidelines to prevent arbitrary action.
Significance: Reiterated that delegation must be within constitutional limits and must be controlled by intelligible principles.
Summary Table of Key Points
| Case | Key Principle | Outcome/Rule |
|---|---|---|
| A.K. Roy v. Union of India | Delegation must have clear guidelines | Struck down vague delegation |
| Romesh Thappar v. State of Madras | Legislature cannot delegate absolute power | Invalidated delegation without legislative framework |
| In Re: Delhi Laws Act | Intelligible principle doctrine | Delegation without principle is unconstitutional |
| Rajasthan State Electricity Board | Policy-making is legislative function | Delegation of essential legislative power invalid |
| State of Rajasthan v. G. Chawla | Delegation must avoid arbitrariness | Delegation valid only with sufficient guidelines |
Important Doctrines Related to Delegation
1. Intelligible Principle Doctrine
The legislature must lay down clear principles, standards, or policies to guide the delegated authority.
2. Non-Delegation of Essential Legislative Functions
Core legislative functions like imposing taxes, criminal laws, or fundamental policy decisions cannot be delegated.
Conclusion
While delegation is necessary and constitutionally permissible, it must not amount to excessive or uncontrolled delegation that violates the separation of powers. Courts in India have consistently upheld that delegation must be accompanied by clear guiding principles and must not allow arbitrary use of power. Excessive delegation undermines constitutional safeguards and the rule of law.
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