SECTION 02.

 Delegated Legisla on
 Meaning and concept of Delegated Legisla on.
 Reasons for growth, Advantages and Disadvantages of Delegated Legisla on.
 Delegated Legisla on in United States of America and United Kingdom.
 Commi ees on delegated legisla on – its cons tu on and func ons.
 Delegated Legisla on of Taxing Statute. – Control Mechanism
 Judicial, Parliamentary, Procedural control.
 Sub -Delega ons of legisla ve powers – delegatus non potest delegare.

MEANING
 Delegated legisla on is also termed as subordinate or secondary legisla on,
 Legislature has to make laws on miscellaneous aspects in a welfare state. It is not
possible for legislature to make laws on all these aspects.
 The legislature generally limits its self to policy ma ers and leaves large volume of the
law-making work to the execu ves.
 Delegated legisla on is that law/ byelaw/ rules, which is made by the execu ve while
exercising of legisla ve power that has been confirmed upon it.
 The act that gives the execu ve the power to legislate is called as enabling statute or
Parent act.
 It can be a completely new legisla on or a rule of exis ng legisla on.
 The process as well as the outcome of the process both are called delegated legisla on.
 This instrument of legisla ve nature made by the execu ve is called by various names
such as rules, regula ons, bye-laws, orders, schemes, no fica ons etc.
 Ar cle 13 (3) a- Include all these in the defini on of law.
Symonds theory
According to Salmond, legisla on is either supreme or subordinate. Supreme legisla on is that
which proceeds from the sovereign power in the State. It cannot be repealed, annulled or
controlled by any other legisla ve authority On the other hand; subordinate legisla on is that
which proceeds from any authority other than the sovereign power.
to execu ve.
Defini ons of Delegated legisla on
 According to Salmond
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Salmond defines subordinate legisla on is that which proceeds from any authority other than
the power and is therefore dependent for its con nued existence and validity on some
superior or supreme authority
 According to Sir Cecil Carr
He defines delegated legisla on is growing child called upon to relieve the parent of a strain
work and capable of a ending to minor ma er while parent manages the main business. The
delegated legisla on is so lengthy that the statute would only be in complete but misleading
unless it to be read along with the delegated legisla on which amplifies and amends it.
REASONS FOR GROWTH

Reasons for growth of delegated legisla on

1.Pressure upon parliament
Parliament cannot devote its full me for the be er administra on hence delega on of
legisla on has proved to be utmost necessary and significant.
2.Technically of subject ma er
Poli cians are not acquainted with various technical knowledge like atomic energy, rocket,
technology, drugs, educa ons etc. In order to have command over such subject vast
knowledge and experience is required.
3.Flexibility
The legisla ve procedures and their amendments are very slow and me consuming. In many
cases very quick decision are required for example: – regula on, terrorist ac vi es, foreign
exchange. Export and import policies, share market etc. Execu ves can meet such situa on
very effec vely and quickly.
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4.Experiment
The supreme legisla on is very rigid in nature. On the contrary delegated legisla on is quite
flexible in its nature.
5.Speediness
It is one of merit of delegated legisla on. As it does not require me , vo ng and lengthy
procedure to pass it.
6.Emergency
During the period of emergency or war the na on requires immediate steps to prevent the
disturbance. Therefore under such circumstances the execu ve are empowered to need them.
CLASSIFICATION

TYPES OF DELIGATED LEGISLATION

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ADVANTAGE

DISADVANTAGE

CONSTITITIONAL PROVISONS RELATED TO DELEGATION :

 Doctrine of SOP is not a part of Indian cons tu on.
 Parliament cannot be considered as a agent of any one so Delegatus non protest
delegare is not applicable.
 Parliament cannot delegate so much that a parallel legisla ve body is created.
 Power of delega on is the primary power where as the power of delega on is ancillary.
 Limita on on the power of legislature is that the legislature cannot part with its essen al
legisla ve power that is vested on to it by cons tu on.
 The Indian Cons tu on permits delega on but imposes specific restric ons to ensure
alignment with the parent act and protect legisla ve intent.

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  The Indian Cons tu on does not grant legisla ve powers in the same way as the Bri sh
Parliament.
 The extent to which delega on is permissible in India is determined by the specific
provisions of the Indian Cons tu on.
 In legisla ve ma ers, there is no concept of an unlimited right to delegate.
The Cons tu onality of Delegated Legisla on During Pre-independence
Queen v. Burah (1878) set a precedent where the Privy Council allowed condi onal legisla on.
In this instance, legisla ve authority was delegated to the execu ve.
The administra on of civil and criminal jus ce in a territory could be assigned to officials
regularly chosen by the Lieutenant Governor.
The Privy Council employed legisla ve condi ons in the case of King v. Benoari Lal Sharma,
similar to Queen v. Burah. This case involved a challenge to the legality of the Governor-
General of India’s Emergency Ordinance, which aimed to replace the provincial government
and establish unique criminal courts.
The provincial government was the sole authority with jurisdic on to establish such courts and
the judicial commi ee of the Privy Council ruled that this did not cons tute delegated
legisla on. They explained that it was an unconven onal legisla ve authority, wherein a
regional administra ve body determined the local implementa on of state laws when
necessary.
The Cons tu onality of Delegated Legisla on During Post-independence
In the case of Raj Narain Singh vs. Chairman, Patna Administra on Commi ee (1954), the
Supreme Court of India upheld the transfer of power from the legisla ve body to the execu ve
body.
This case empowered the local government to expand the provisions of the Bengal
Municipality Act.
in the case of Hamdard Dawakhana vs. Union of India (1959), the Supreme Court declared the
transfer of powers uncons tu onal due to its lack of clarity. It held that the Center’s authority
to designate diseases and condi ons under the Drug and Magic Remedies (Objec onable
Adver sements) Act of 1954 was “uncontrolled” and exceeded the permissible boundaries of
legal delega on, rendering it uncons tu onal.
In a 1973 ruling, the Supreme Court emphasised that its understanding of delegated legisla on
had evolved in response to the prac cal needs of a modern welfare state.

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Excessive Delega on:
Case John Teacher Training ins tute V Na onal Council for teachers Educa on 2003
It was observed that
1. It is permi ed to subordinate the ancillary and subordinate legisla ve func ons.
2. Rules cannot be made to supplant the provisions of the enacted act.
3. To find out whether any par cular legisla on suffers from excessive delega on following
things should be consider.
a. Provisions of statute
b. Preamble of statute.
C. facts and circumstances
e. Inten on and purpose why the statute is enacted.
FUNCTIONS CANT BE DELIGATED:

PURPOSE

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CASE LAWS
QUEEN V BURAN

RE DELHI LAW ACT

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CONSTITUTIONAL PROVISIONS