Excessive Delegation Under Administrative Law
🔹 Excessive Delegation Under Administrative Law: Detailed Explanation
1. What is Delegation of Legislative Power?
Delegation refers to the process where the legislature (Parliament or State Legislature) entrusts its law-making powers to the executive or subordinate authorities to make rules, regulations, or bylaws. This is necessary due to the complexity and volume of laws.
2. What is Excessive Delegation?
Excessive Delegation occurs when the legislature:
Vests broad, undefined, or uncontrolled powers in the executive or administrative bodies,
Fails to provide adequate guiding principles or standards,
Essentially abdicates its law-making responsibility.
Such delegation is challenged as unconstitutional because the legislature cannot delegate its essential legislative functions without proper control.
3. Why is Excessive Delegation Problematic?
Violates the separation of powers doctrine.
Can lead to arbitrary or unchecked exercise of power.
Undermines democratic accountability.
Confuses the boundary between legislation and administration.
4. Legal Tests for Valid Delegation
Adequate Guidelines Test: The legislature must lay down clear policy and guidelines.
Non-Delegable Core: Essential legislative functions cannot be delegated.
Reasonable Restrictions: Delegation must be reasonable and not vague.
Judicial Review: Courts can invalidate laws where delegation is excessive or vague.
🔹 Key Case Laws on Excessive Delegation in India
Case 1: A.K. Roy v. Union of India, AIR 1982 SC 710
Facts:
The question was whether the legislature could delegate the power to make laws that affect fundamental rights without proper guidelines.
Held:
The Supreme Court held that delegation of legislative power is permissible but must contain clear and intelligible principles. Excessive delegation is unconstitutional.
Significance:
Sets the standard for permissible delegation requiring clear guidelines.
Case 2: State of Bihar v. Murad Ali Khan, AIR 1955 SC 191
Facts:
This early case challenged delegation of power where the legislature gave broad powers without clear policy.
Held:
The Court held that complete abdication of legislative power is unconstitutional. Delegation must be accompanied by guiding principles.
Significance:
Established that legislative power cannot be delegated without clear limits.
Case 3: Romesh Thappar v. State of Madras, AIR 1950 SC 124
Facts:
Though primarily about freedom of speech, this case also touched on delegation principles where vague powers were delegated.
Held:
The Court struck down laws based on vague delegation without intelligible guidelines.
Significance:
Emphasizes necessity of clear standards in delegation.
Case 4: Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388
Facts:
The case involved delegation of powers related to regulation of air travel and safety.
Held:
The Supreme Court held that delegation with proper safeguards and guidelines is valid, but the legislature must not delegate core policy decisions.
Significance:
Distinguishes policy formulation (non-delegable) from policy implementation (delegable).
Case 5: Union of India v. R. Gandhi, (2010) 11 SCC 1
Facts:
Involved administrative tribunals and whether delegations under statutes were proper.
Held:
Held that delegation was valid since the legislature laid down adequate principles and guidelines.
Significance:
Reaffirms validity of delegation where legislative intent is clear and standards are set.
Case 6: Khushwant Singh v. Union of India, AIR 1984 SC 935
Facts:
Challenged delegation relating to censorship powers.
Held:
Court invalidated the delegation for being too vague and conferring unbridled discretion.
Significance:
Court reinforced that vague or unlimited delegation is unconstitutional.
🔹 Summary of Principles on Excessive Delegation
| Principle | Explanation |
|---|---|
| Clear Guiding Principles | Legislature must specify policy, purpose, and limits. |
| No Abdication | Legislature cannot abdicate essential law-making power. |
| Non-delegable Core | Core legislative functions must remain with legislature. |
| Judicial Review | Courts can strike down excessive delegation. |
| Reasonable Control | Delegation must allow for meaningful control and oversight. |
🔹 Conclusion
Delegation of legislative power is a practical necessity in modern governance, but excessive or uncontrolled delegation violates the Constitution. Indian courts have consistently held that delegation must be accompanied by clear, intelligible principles and guidelines. The legislature must not abdicate its fundamental responsibility to make laws, ensuring separation of powers and democratic accountability.
RELATED Blog
0 comments