Meaning and Growth of Delegated Legislation
Meaning of Delegated Legislation
Delegated Legislation (also called subordinate or secondary legislation) refers to laws made by an authority other than the legislature, under powers delegated by the legislature.
Definition:
According to Wade and Phillips, “Delegated legislation is law made by some person or body other than the legislature, under powers conferred on them by the legislature.”
Key Points:
The legislature enacts a framework law and delegates power to another authority to make detailed rules or regulations.
It is necessary for practical governance because legislatures cannot deal with every technical detail.
Delegated legislation must conform to the parent Act (enabling Act).
Examples in India:
Rules made by the Central Government under the Factories Act.
Regulations by the University authorities under University Acts.
Notifications, Orders, By-laws, Rules, and Schemes.
Growth of Delegated Legislation
Delegated legislation has grown significantly due to several reasons:
1. Increasing Complexity of Modern Governance
Modern legislation often involves technical details that legislators cannot draft themselves.
Example: Tax laws, environmental regulations, telecom rules.
2. Need for Flexibility
Delegated legislation allows quick changes without going through the full legislative process.
Example: Changing minimum wages, industrial safety norms, or tariff regulations.
3. Administrative Convenience
Parliament or State Legislatures can focus on policy-making, leaving technical or routine rules to administrative authorities.
4. Emergency Situations
Delegated legislation is used during emergencies (like epidemics, disasters) to quickly make rules.
Example: The Epidemic Diseases Act rules.
5. Volume of Legislation
Legislatures cannot make detailed laws for thousands of specific matters.
Delegation allows efficient law-making.
Forms of Delegated Legislation
Rules – Detailed provisions framed under an Act.
Regulations – Usually by statutory bodies (e.g., RBI regulations).
Orders / Notifications – Issued by government authorities.
By-laws – Made by local authorities or corporations.
Schemes – Programs formulated under an Act.
Control Over Delegated Legislation
Even though delegated legislation allows flexibility, it must not exceed the powers granted. Courts exercise control through:
Judicial Review – Ensuring rules comply with the enabling Act.
Legislative Oversight – Parliament or State Legislature can annul or amend delegated legislation.
Publication Requirements – Ensuring transparency.
Case Law in India
1. A.K. Gopalan v. State of Madras (1950)
Issue: Government issued preventive detention rules under the preventive detention law.
Judgment: Court examined whether delegated legislation stayed within the powers conferred by the statute.
Principle: Delegated legislation cannot go beyond the parent Act.
2. Bhim Singh v. Union of India (1981)
Issue: Whether delegated powers were misused to restrict political freedom.
Judgment: Court emphasized that delegated legislation cannot violate constitutional rights.
3. Municipal Corporation Cases (e.g., Municipal Corporation of Delhi v. Govt. of NCT Delhi)
Municipal authorities framed by-laws under statutory Acts.
Court held: By-laws cannot conflict with the parent Act; they are subordinate.
Growth Summary
In the past, legislatures made detailed laws themselves.
Today, technical complexity, administrative efficiency, and rapid response requirements have led to the expansion of delegated legislation.
Judicial review ensures it does not exceed the scope of enabling Acts or violate constitutional principles.
Key Principles
Delegated legislation must conform to parent Act.
It cannot violate the Constitution.
Courts can strike down ultra vires rules.
Ensures flexibility and efficiency in governance.
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