Sub-delegation of legislative power
Sub-Delegation of Legislative Power
What is Sub-Delegation?
Delegation of legislative power occurs when the legislature (Parliament or State Legislature) delegates some of its law-making functions to an administrative agency or executive authority through statutes.
Sub-delegation (or further delegation) means that the authority which has received delegated legislative power itself delegates that power to another authority or subordinate body.
This raises constitutional and legal questions about the limits of delegation and whether sub-delegation is permissible.
Why Is Sub-Delegation Important?
Delegation helps the legislature manage complex laws by entrusting rule-making to specialized agencies.
Sub-delegation may be practical to achieve administrative efficiency and expertise.
However, excessive or uncontrolled sub-delegation can lead to arbitrary or unlawful exercise of power, violating constitutional principles.
Constitutional & Legal Principles Governing Sub-Delegation
Non-Delegation Doctrine:
The legislature cannot delegate its core legislative powers beyond constitutional limits.
The delegated authority must exercise power with adequate guidance and policy from the legislature.
Prohibition on Unauthorized Sub-Delegation:
Generally, sub-delegation is not allowed unless explicitly or impliedly authorized by the statute.
The authority receiving delegated power must personally exercise or supervise that power.
Limits of Sub-Delegation:
Sub-delegation is permitted only when the enabling statute specifically or by necessary implication authorizes it.
The delegating authority cannot abdicate its responsibility.
Judicial Review:
Courts examine whether sub-delegation violates the statute or constitutional principles.
Sub-delegation without proper authorization may be declared ultra vires (beyond powers) and invalid.
Important Case Laws on Sub-Delegation of Legislative Power
1. A.K. Roy v. Union of India (1982)
Facts: The government delegated power under an ordinance to administrative authorities, which further delegated some powers to subordinate officers.
Issue: Validity of sub-delegation when not explicitly authorized.
Judgment: The Supreme Court held that sub-delegation without express or implied authority is invalid.
Significance: Reinforced the principle that sub-delegation is generally prohibited unless authorized.
2. K.K. Verma v. Union of India (1951)
Facts: Delegation of powers under the Defence of India Rules, with further sub-delegation by delegated authorities.
Issue: Whether sub-delegation was permissible under the statute.
Judgment: The Court ruled that sub-delegation was valid as the statute expressly allowed it.
Significance: Established that sub-delegation is valid if the statute authorizes it explicitly or by necessary implication.
3. Union of India v. V. Krishnamurthy (1990)
Facts: Delegation of power under a statute where sub-delegation was challenged.
Issue: Whether administrative authorities can sub-delegate powers.
Judgment: The Supreme Court emphasized the necessity of clear statutory authorization for sub-delegation.
Significance: Sub-delegation without statutory backing is ultra vires.
4. R.D. Shetty v. International Airport Authority of India (1979)
Facts: The Airport Authority delegated power which was further sub-delegated.
Issue: Validity of sub-delegation.
Judgment: Court held sub-delegation invalid unless specifically authorized by statute or necessary implication.
Significance: Confirmed the requirement of authorization for sub-delegation.
5. Union of India v. Cynamide India Ltd. (1961)
Facts: Sub-delegation of power under industrial law challenged.
Issue: Whether sub-delegation without clear statutory authority was valid.
Judgment: Court invalidated sub-delegation for lack of statutory authorization.
Significance: Demonstrated courts’ strict stance against unauthorized sub-delegation.
6. Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2020)
Facts: The issue related to delegation of powers in employment decisions.
Judgment: The Supreme Court reiterated that powers delegated cannot be sub-delegated unless statute expressly allows.
Significance: Recent reaffirmation of the sub-delegation principles.
Summary Table
| Case | Principle Established | Significance |
|---|---|---|
| A.K. Roy v. Union of India | Sub-delegation not allowed without authorization | Strict prohibition of unauthorized sub-delegation |
| K.K. Verma v. Union of India | Sub-delegation valid if statute authorizes | Authorization can be express or implied |
| Union of India v. V. Krishnamurthy | Clear statutory authorization needed | Emphasizes limits on delegation chain |
| R.D. Shetty v. IAAI | Prohibits unauthorized sub-delegation | Confirms statutory authorization requirement |
| Union of India v. Cynamide Ltd. | Invalidates unauthorized sub-delegation | Reinforces strict approach on sub-delegation |
| Municipal Corporation v. Female Workers | Recent reaffirmation of sub-delegation rules | Continued judicial strictness on delegation rules |
Conclusion
Sub-delegation of legislative power is a sensitive and controlled aspect of administrative law.
It is permitted only when the statute expressly or implicitly authorizes it.
Unauthorized sub-delegation is considered ultra vires and invalid.
Courts vigilantly safeguard this principle to maintain accountability and prevent arbitrary exercise of delegated powers.
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