Excessive Delegation Under Administrative Law
Excessive Delegation Under Administrative Law: Detailed Explanation
What is Delegation of Legislative Power?
Delegation is when the legislature (Parliament or State Legislature) transfers or entrusts its law-making powers to another body or authority (usually the executive or administrative agencies).
This delegation is necessary because legislatures cannot make detailed rules and regulations for every situation.
Delegated legislation (also called subsidiary or subordinate legislation) includes rules, regulations, orders, notifications, etc.
Why is Delegation Needed?
To enable efficient and expert decision-making.
To allow flexibility and speed in administration.
To handle technical or complex matters beyond the legislature’s capacity.
What is Excessive Delegation?
Excessive delegation occurs when the legislature hands over too much power to the executive or administrative bodies without adequate guidelines or limitations.
This may result in violation of the principle of separation of powers and undermines democratic accountability.
The legislature must provide clear, intelligible principles and guidelines within which the delegated authority must act.
If there is no adequate control or standard, the delegation is said to be excessive and unconstitutional.
Legal Position in India
The Constitution of India does not explicitly forbid delegation.
The Supreme Court of India has allowed delegation but insists on "intelligible principle" test (borrowed from US jurisprudence).
This means that the law must specify clear principles and policies to guide the authority exercising the delegated power.
Delegation is impermissible if it amounts to the legislature abdicating its legislative function.
Important Case Laws on Excessive Delegation
1. A.K. Roy vs Union of India (1982) - AIR 1982 SC 710
Facts: The case involved the delegation of powers under the Maintenance of Internal Security Act (MISA), where the executive was given wide powers to detain individuals.
Issue: Whether the delegation of power was excessive and violated fundamental rights.
Holding: The Supreme Court held that the power conferred was wide but not without any guidelines. It was upheld because the delegation had some guiding principles and safeguards.
Significance: Reiterated the "intelligible principle" test for delegation and upheld delegation if adequate guidelines exist.
2. Rajasthan State Electricity Board vs Mohan Lal (1967) - AIR 1967 SC 1857
Facts: The case challenged provisions under the Electricity Act, which gave the State Electricity Board powers to fix tariffs without adequate guidelines.
Issue: Whether such unfettered delegation violated Article 14 (Equality before law).
Holding: The Court struck down the provisions as unconstitutional, holding that the legislature must lay down adequate principles and policies.
Significance: One of the earliest cases emphasizing that delegation must be accompanied by clear guidelines.
3. Himat Lal K. Shah vs Commissioner of Income Tax (1968) - AIR 1968 SC 118
Facts: The Income Tax Act gave the executive power to exempt any class of income from tax without any guidelines.
Issue: Whether this was excessive delegation.
Holding: The Supreme Court held that absolute discretion without any intelligible principle is impermissible and struck down the provision.
Significance: Reinforced the principle that delegation must come with clear guidelines.
4. Rameshwar Prasad vs Union of India (2006) - AIR 2006 SC 2522
Facts: The case challenged a provision under the Representation of the People Act giving Election Commission power to postpone elections without specified guidelines.
Issue: Was the delegation excessive?
Holding: The Supreme Court held the delegation invalid due to lack of any intelligible principle.
Significance: Emphasized the need for specific standards in delegation related to electoral laws.
5. Union of India vs R Gandhi (2007) - AIR 2007 SC 1164
Facts: The case involved delegation of power to the Reserve Bank of India for regulating banking transactions without clear guidelines.
Issue: Whether this delegation was excessive.
Holding: The Court upheld the delegation but insisted that the RBI act according to laid down principles.
Significance: Confirmed that delegation is allowed if accompanied by sufficient guidance.
Summary
| Principle | Explanation |
|---|---|
| Delegation is allowed | Legislature can delegate powers for administrative efficiency. |
| Excessive delegation is disallowed | When there are no intelligible principles or guidelines. |
| Intelligible Principle Test | Delegated power must be guided by clear, understandable standards. |
| Judicial Review | Courts can invalidate delegated legislation if delegation is excessive. |
Conclusion
Excessive delegation undermines democracy because it lets the executive make laws without accountability. The Indian judiciary plays a critical role in ensuring that delegation remains within constitutional limits by applying the intelligible principle test and protecting fundamental rights.
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