Rules and principles of Administrative Rule making/Deligated legislations
Rules and Principles of Administrative Rule-Making (Delegated Legislation)
What is Administrative Rule-Making or Delegated Legislation?
Delegated legislation (also called subordinate legislation) refers to rules, regulations, orders, or by-laws made by an administrative agency, minister, or other authority under powers delegated by an Act of Parliament or legislature.
The legislature enacts a broad statute but allows another authority to fill in the details or make specific regulations necessary for implementing the law.
Why is Delegated Legislation Important?
It allows specialized agencies to make detailed rules.
Helps deal with technical or complex matters.
Enables quick response to changing conditions.
Reduces the burden on legislature.
Rules and Principles Governing Delegated Legislation
1. Delegation Must Be Express and Within Limits
The parent Act must expressly authorize the making of delegated legislation.
Delegated legislation cannot exceed the powers granted by the enabling Act (ultra vires doctrine).
2. No Delegation of Essential Legislative Functions
The legislature cannot delegate its essential legislative functions, such as policy-making or principles.
Delegation applies only to details and administrative matters.
3. Rules Must Be Reasonable and Not Arbitrary
Delegated legislation must be reasonable and not arbitrary or oppressive.
Courts can strike down regulations that are unreasonable or irrational.
4. Procedural Requirements Must Be Followed
The enabling statute may require procedures such as:
Publication in official gazette.
Consultation with affected parties.
Laying before Parliament for scrutiny.
Failure to follow these procedures may render the rule invalid.
5. Judicial Review and Ultra Vires Doctrine
Courts have the power to review delegated legislation.
Grounds for invalidation include:
Substantive ultra vires: If the rule exceeds the powers delegated.
Procedural ultra vires: If required procedures are not followed.
Unreasonableness or irrationality (Wednesbury unreasonableness).
Violation of fundamental rights.
6. Presumption of Validity
Delegated legislation is presumed valid unless proven otherwise.
Courts are generally reluctant to interfere unless clear violations are shown.
Important Case Laws on Administrative Rule-Making (Delegated Legislation)
1. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948)
Facts: The Wednesbury Corporation imposed conditions on a cinema license.
Issue: Whether the conditions were lawful.
Held: The court held that the condition would be set aside only if it was unreasonable or irrational.
Principle: Established the famous “Wednesbury unreasonableness” test for reviewing administrative rules.
Significance: Judicial review is limited to ensuring reasonableness.
2. A.K. Kraipak v. Union of India (1969)
Facts: The selection committee appointed by an administrative rule had allegedly violated fair hearing.
Issue: Whether administrative decisions under delegated legislation must observe principles of natural justice.
Held: Yes, principles of natural justice apply to administrative decisions under delegated legislation.
Significance: Administrative rule-making and adjudication must be fair and respect due process.
3. Shri Ram Krishna Dalmia v. Shri Justice S.R. Tendolkar (1958)
Facts: Challenged a regulation made under delegated powers.
Issue: Whether a regulation that is unreasonable or arbitrary can be upheld.
Held: Regulations must not be arbitrary or unreasonable.
Significance: Reinforces the principle of reasonableness in delegated legislation.
4. Ridge v. Baldwin (1964) [UK Case but Influential]
Facts: A Chief Constable was dismissed without a hearing.
Issue: Whether natural justice applies to administrative decisions.
Held: Principles of natural justice apply even in administrative rule-making decisions.
Significance: Set a global precedent influencing Indian administrative law on procedural fairness.
5. Maneka Gandhi v. Union of India (1978)
Facts: Passport was impounded without hearing.
Issue: Whether delegated legislation restricting fundamental rights must comply with due process.
Held: Any administrative action under delegated legislation must follow due process and reasonableness.
Significance: Expanded scope of procedural fairness and reasonableness under delegated legislation affecting fundamental rights.
6. Express Newspapers Ltd. v. Union of India (1958)
Facts: A regulation was challenged for being beyond the powers granted.
Issue: Whether the delegated legislation was ultra vires.
Held: The Supreme Court struck down the regulation for exceeding the scope of the enabling Act.
Significance: Reaffirmed the ultra vires doctrine.
Summary Table
| Case | Principle Established |
|---|---|
| Wednesbury (1948) | Judicial review limited to unreasonableness or irrationality. |
| Kraipak (1969) | Natural justice applies to administrative decisions. |
| Dalmia (1958) | Delegated legislation must not be arbitrary or unreasonable. |
| Ridge v. Baldwin (1964) | Natural justice applies globally to administrative decisions. |
| Maneka Gandhi (1978) | Due process and reasonableness required in delegated actions affecting rights. |
| Express Newspapers (1958) | Delegated legislation cannot exceed powers granted (ultra vires). |
Conclusion
Delegated legislation is a powerful tool for implementing laws efficiently but must conform to:
Express legislative authority,
Reasonableness,
Procedural fairness (natural justice),
Strict compliance with procedural safeguards,
And remain within the scope of the enabling statute.
Courts exercise judicial review to ensure these principles are upheld and protect citizens from arbitrary or unlawful administrative rules.
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