Necessity of delegated legislation in India
Necessity of Delegated Legislation in India
1. Introduction: What is Delegated Legislation?
Delegated legislation (also called subordinate or delegated legislation) refers to laws or regulations made by an authority other than the legislature, under powers delegated by the legislature. It includes rules, regulations, bylaws, orders, notifications, and schemes made by executive authorities, administrative agencies, or local bodies.
2. Why is Delegated Legislation Necessary?
a) Complexity and Technicality of Modern Governance
Modern governance deals with complex social, economic, scientific, and technical issues.
Legislatures cannot draft detailed provisions for all situations; they set broad policies, leaving details to experts.
b) Expediency and Speed
Legislatures are often slow; delegated legislation enables prompt action in emergencies or time-sensitive matters.
c) Expertise and Flexibility
Administrative authorities or specialized bodies have expertise to formulate detailed rules.
Delegated legislation allows flexible amendments or updates without going through the lengthy legislative process.
d) Local Conditions
Local authorities can make rules suited to local needs (e.g., municipal bylaws).
e) Volume of Legislation
The vast number of rules needed in areas like taxation, environment, health, requires delegation.
3. Constitutional and Legal Framework in India
The Constitution of India (Article 245-255) empowers Parliament and State Legislatures to enact laws.
Delegation is implied in many statutes (e.g., Factories Act, Income Tax Act, Motor Vehicles Act).
Parliament can delegate legislative powers provided it lays down principles and policies.
Delegated legislation must be subject to legislative control and judicial review.
4. Control Mechanisms over Delegated Legislation
Legislative Control: Parliament/State legislature can annul delegated legislation by resolution.
Judicial Control: Courts can strike down ultra vires (beyond power) delegated legislation.
Procedural Safeguards: Some laws require publication, consultation, or approval before delegated legislation becomes effective.
5. Key Case Laws Illustrating Necessity and Limits of Delegated Legislation
Case 1: A.K. Kraipak v. Union of India (1969)
Facts: Challenge to selection committee rules delegated by statute.
Issue: Whether administrative rules made under delegation violated principles of natural justice.
Holding: Court held that delegated legislation must conform to principles of natural justice and cannot be arbitrary.
Significance: Confirmed that delegated legislation is necessary but subject to constitutional safeguards.
Case 2: Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)
Facts: Delegated legislation made by the executive for tax collection challenged.
Issue: Whether delegation of legislative power without clear guidelines was valid.
Holding: Court held delegation is valid only if principles and policies are clearly laid down by legislature.
Significance: Emphasized non-delegation doctrine; legislature cannot delegate entire legislative power.
Case 3: R.C. Cooper v. Union of India (1970)
Facts: Challenge to ordinances and delegated legislation under the Banking Companies Act.
Issue: Validity of delegated legislation and ordinances.
Holding: Court struck down arbitrary or unreasonable delegated legislation.
Significance: Reinforced that delegated legislation must not violate fundamental rights or principles of law.
Case 4: Kharak Singh v. State of Uttar Pradesh (1963)
Facts: Police surveillance regulations challenged.
Issue: Whether delegated legislation infringed constitutional rights.
Holding: Delegated legislation valid but subject to constitutional limitations.
Significance: Showed that delegated legislation must comply with constitutional guarantees.
Case 5: Union of India v. Ishwarlal (1963)
Facts: Challenge to notification issued under delegation to collect tax.
Issue: Whether the authority had exceeded delegated power.
Holding: Court held delegated legislation void if outside scope of delegation.
Significance: Demonstrated necessity for strict compliance with delegation limits.
Case 6: Delhi Laws Act Case (1951)
Facts: Challenge to Delhi Laws Act which delegated power to amend laws.
Issue: Extent of delegation permissible.
Holding: Delegation allowed only when legislature specifies principles and policies.
Significance: Reinforced the principle that delegation cannot amount to transfer of legislative power.
Case 7: B.C. Chaturvedi v. Union of India (1995)
Facts: Delegated legislation concerning disciplinary proceedings in civil services.
Issue: Whether procedural safeguards were followed.
Holding: Delegated legislation upheld as legislature had provided adequate guidelines.
Significance: Showed that delegation is essential for day-to-day regulation in complex administrative matters.
6. Analysis: Why Delegated Legislation is Indispensable in India
The volume and technical nature of legislation make it impractical for Parliament to handle every detail.
Delegated legislation enables responsive governance and adaptation to changing conditions.
It allows expert bodies and administrative authorities to exercise regulatory powers efficiently.
Despite necessity, the system includes checks and balances via legislative oversight and judicial review to prevent misuse.
This balance ensures delegation does not undermine democratic accountability or constitutional rights.
7. Conclusion
Delegated legislation is a necessary and inevitable feature of the Indian legal system due to the complexity, volume, and technicality of modern governance. It allows the executive and administrative agencies to function effectively while respecting the framework and limits prescribed by the legislature and the Constitution.
However, delegated legislation must always adhere to the principles of legality, natural justice, and fundamental rights, failing which courts can declare such legislation invalid.
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