Admin Law

Presentation Admin
One of the most vital roles of the legislative is to determine the legislative policy and framing it as a
rule of conduct. But due to states various multifarious activities it is impossible for the legislation to
carry out all of this. Here comes the need for delegated legislation in picture. In delegated legislation
the primary authority gives the executive authorities powers to make laws to enforce the
requirements of the primary law.
In the case of Gwalior rayon mills, the SC stressed the need for subordinate legislation and stated
that due to the time factor legislations don’t go into much detail hence the provision is made for
delegated legislation to obtain flexibility.
3 types of delegated legislation
1- Statutory
This is the one that the government forms. For eg a parent act is an act that allows the
parliament to legislate. Orders in the council are generally established by the government.
2- By laws
These are created by the local authorities which is then approved by the central govt.
3- Cases
In the case of Narendra Kumar v. Union of India, it was held by the Supreme Court that the
provision under Section 3(5) of the Essential Commodities Act, 1955, which explains that any
rules framed under the Act must be presented before both the houses of the Parliament.
Therefore, clause 4 of Non – Ferrous Control Orders, 1958 has no effect until it is presented
in the Parliament.
In Chandra Bhan’s case, it was held that the delegation of legislation must be reasonable and
should not suffer from any unreasonableness.
The legislation cannot delegate key legislation functions that consist of determining or selecting a
legislative policy and formally enacting that policy to binding conduct rule.
In Delhi race club V. UOI, the SC held that there are 2 main principles in the delegation os the
legislative functions-
1. That delegation of a non-essential legislative function to set tax rates is a

necessity to meet the multiple demands of a welfare state, but that delegation of
such a function to establish a clear legislative policy is a precondition;
2. while delegating the power of fixation of rate of tax, there must be in existence,
inter alia, some guidance, control, safeguards and verifies of the Act concerned.
Reasons for growth of delegated legislation
1. Pressure on the parliament- no. of activities in the state is expanding.

2. Technicality- Certain subject matters require specialized knowledge.
3. Flexibility- The amending and the cumbersome process are very slow so the process of
delegated legislation assists executive authority in making laws.
4. Complexity of modern administration
5. Emergency- Not possible for the legislation at the time of emergency to provide an urgent
solution to the situation. Delegated legislation is the only remedy.
Control mechanism over delegated legislation
1. Parliamentary/legislative control
2. Judicial control
3. Executive or administrative control
Parliamentary
It is a function of the legislature to legislate under parliamentary democracy, and it is not only the
right but the legislature's duty to look at its agent, how they work.
It is a fact that, because of a delegation of powers and general control standards, Judicial control
diminished and its area shrunk. 'Parliamentary control' is an inherent constitutional function in India,
because at two stages of control the executive is responsible to the legislature.
1. Initial stage
2. Direct and indirect stage
In the initial stage, it is a matter of deciding how much power to delegate to complete the particular
task, and it is also observed that delegation of power is valid or not.
The second stage has 2 different parts:
1. Direct control - Under direct control, laying is an important and essential aspect, and is laid
down in accordance with the requirement, which means that it should be placed before
the Parliament after making the rule. It includes three important parts to be exercised
according to the degree of control required.
Simple laying
Negative laying
Affirmative laying
It also involves the 2 tests: ‘Test of Mandatory’ and ‘Test of Directory’.
2. Indirect control - This is a control which Parliament and its committees exercise.
Subordinate legislation is another name for such type of committee. The committee's
principal work is to examine:
(i) Whether rule is a general object of the act according to.
(ii) It bars the court's jurisdiction in both direct and indirect ways.
(iii) Whether or not it does have retrospective effect.
(iv) Whether it safeguards or destroys the Natural Justice Principle.
(v) This involves expenditure from Consolidated Fund.
Judicial control- The court needs to see that the power delegated is within the scope of the
Constitution as prescribed. Judicial review is more effective because the court does not recommend
it, but it strikes clearly the ultra vires rule in nature.
Procedural control-
1. Prior consultation of interests likely to be affected by proposed delegated legislation.
Very common in America. Interest consultation standard practice for law making. Prior
meetings have the aim of understanding their perspective and mitigating opposition to
legislation, this strategy is also helpful to prevent the executives from misusing the powers.
2. Prior publicity of proposed rules
In India prior publication activities have wherever prior consultation is deemed necessary, it
was adopted. Under Section 23 of the General Clauses Act, 1897, the authority shall publish
the draught rules for information of the interests concerned in such a manner as it considers
sufficient. The authority shall take into account any other complaint that may be obtained by
it at the time the laws are finalised.
3. Publication
The word Publication applies ‘to the act of publishing anything; giving it to the record, or
having it open to the scrutiny…an informing of the people; making known of anything to
them for a purpose’ anything widely understood.
In the leading Harla v State of Rajasthan27 case, the Supreme acknowledged the importance
of publishing rules in the country's governance. Natural justice requires that it be
promulgated or publicised before a law becomes operative. It must be transmitted in some
identifiable fashion such that all men either know what it is, or, at the very least there must
be some special function or legislation or customary medium by which such information may
be gained with the exercise of proper and fair diligence.

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Presentation Admin

3 types of delegated legislation

1. That delegation of a non-essential legislative function to set tax rates is a

Reasons for growth of delegated legislation

1. Pressure on the parliament- no. of activities in the state is expanding.

Control mechanism over delegated legislation

The second stage has 2 different parts:

It also involves the 2 tests: ‘Test of Mandatory’ and ‘Test of Directory’.

(iii) Whether or not it does have retrospective effect.

(iv) Whether it safeguards or destroys the Natural Justice Principle.

(v) This involves expenditure from Consolidated Fund.

1. Prior consultation of interests likely to be affected by proposed delegated legislation.

2. Prior publicity of proposed rules

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