Admin Law PPT (SS) FIAL

Delegated Legislation AND ITS
JUDICIAL CONTROL
Submitted by: Shalini

Enrollment no:236
Section:B
AKSHARA.B
AIALS
DELEGATED LEGISLATION
 According to M.P. Jain, “ the term is used in two different senses:

 to exercise the legislative power by subordinate agents, or
 the subsidiary rules themselves which are made by the subordinate
authority in pursuance of the powers conferred on it by the legislature”.
 Delegated legislation is generally a type of law made by the executive authority as
per the powers conferred to them by the primary authority in order to execute,
implement and administer the requirements of the primary authority. It can be said
that it is the law made by any person or authority under the power of parliament. It is
also known as subordinate legislation in administrative law.
 The main feature is that it allows the state government to amend the laws if there is
any need without delaying for the new act to be passed by the Parliament. If there is
any requirement then sanctions can also be altered by the delegated legislation as
the technology changes.
FORMS OF DELEGATED LEGILATION
Statutory instruments
 They are the one which is formed by the government. For example – a parent act is an act which
permits the parliament for making the law. Orders in the council are generally made by the
government when there is a need and it can affect the public at large as well as an individual.
By-Laws
 They are created by the local authority which is approved by the Central Government. There are
many reasons for the delegation of the legislature. The parliament does not have that much time
to deliberate and debate about every topic. Therefore, delegated legislation helps in making laws
rapidly than the Parliament and the procedure of the Parliament is also very slow as the bills for
every law needs to pass from every stage.
For example – making any law regarding taxation requires knowledge as well as
experience which can be done by the person who is professional in that field. In
the case of welfare purpose, the local authority can understand the needs of the
people in his area more effectively than others. The democratic bodies have
many important powers for the delegated legislation which can be easily used for
updating the legislation according to the requirement which leads to social welfare.
REASONS FOR THE GROWTH OF DELEGATED LEGISLATION
Pressure on Parliament – The number of activities in states is expanding which requires law and
it is not possible for the Parliament to devote sufficient time to every matter. Therefore for this, the
Parliament has made certain policies which allows the executives to make laws accordingly.
Technicality – Sometimes there are certain subject matters which requires technicality for which
there is a requirement of the experts who are professional in such fields and members of
Parliament are not experts for such matters. Therefore, here such powers are given to experts to
deal with such technical problems like gas, atomic, energy, drugs, etc.
Flexibility – It is not possible for the Parliament to look after each contingency while passing an
enactment and for this certain provisions are required to be added. But the process of amendment
is very slow as well as the cumbersome process. Thus, the process of delegated legislation helps
the executive authority to make laws according to the situation. In the case of bank rate, policy
regulation, etc., they help a lot in forming the law.
Emergency – At the time of emergency, it is not possible for the legislative to provide an urgent
solution to meet the situation. In such case delegated legislation is the only remedy available.
Therefore, in the times of war or other national emergencies, the executives are vested with more
powers to deal with the situation.
CASE LAWS
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.
There are a number of rules in the area of judicial control over the delegation of
legislation which is laid down by the judiciary.
In Chandra Bhan’s case, it was held that the delegation of legislation must be
reasonable and should not suffer from any unreasonableness.
Delegated legislation should protect the rule of law and there should be no
arbitrariness. Rules framed which violates the Parent Act are illegal. Rules framed
which violates any other statute should also be considered as void. Delegated
legislation made with mala fide intention is also considered illegal.

JUDICIAL CONTROL
Judicial review upgraded the rule of law. The court has to see that
the power delegated is within the ambit of the constitution as
prescribed. Judicial review is more effective because court do not
recommend but it clearly strikes down the rule which is ultra vires in
nature. As per
Section 13(3)(a) “Law” is defined under the Constitution of India
which clearly indicate that State should not make any law which
abridge the right given in Part iii of the Constitution. It is dependent
on two basic grounds:
It is ultra vires to the Constitution of India, and
It is ultra vires to the enabling Act.
Classification of delegated legislation
Power to bring Act into Action As it is already given that in a specified date
this Act will come into force prescribed by Central or State Government by
giving a notice in the Official Gazette.
In A.K. Roy vs. Union of India, case Supreme Court held that executive has the
power to bring the Act into force and it should not be excessive in delegated
power of legislation. So, here the court rejected the contention that the power
was excessive in nature as per prescribed. It was practically difficult for
enforcement. Therefore, power is given to the executive authority to decide the
date of enforcing the act.
Conditional Legislation the rules are framed or designed by the legislature but
to implement or enforce it, is done by the executive organ, so executive has to
look that what all conditions need to be fulfilled to bring it in operation. If all
conditions are satisfied then it is well and good otherwise notice will be issued
to bring the law into operation and it is known as Conditional Legislation.
Conclusion
If in India, Parliamentary control overlaps the delegated legislation
then it is mandatory that the committee of parliament need to be
strong enough and separate laws should be made and passed which
give a uniform rule for laying down and publication purposes. A
committee must contain a special body to look on the delegated work
whether it’s going in the right direction and effectively or not. All the
three organs should focus on their work and do not interrupt
unnecessarily to prevent chaos in the system.

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Delegated Legislation AND ITS

Submitted by: Shalini

 According to M.P. Jain, “ the term is used in two different senses:

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