Delegated Legislation

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🔷 Meaning:

• Delegated Legislation means law made by a person or body other than the Parliament, but with the authority of Parliament.

• Parliament delegates its legislative powers to the Executive (Government) to make rules, regulations, by-laws, orders, etc.

📌 In short: Parliament makes parent law, and the government makes detailed rules under it = Delegated Legislation

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🔷 Why Delegated Legislation is Needed?

1. Lack of Time – Parliament cannot handle all minor details.

2. Technical Matters – Experts are needed (e.g., for environmental, cyber, or health laws).

3. Flexibility – Rules can be changed quickly as per situation.

4. Emergency – During war, pandemic, or disasters, quick action is needed.

5. Local Adaptation – Rules may vary from one region to another.

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🔷 Examples of Delegated Legislation:

• Motor Vehicles Act – Central Government makes traffic rules

• Environment Protection Act – Government makes pollution control rules

• Factories Act – State Governments make safety rules for factories

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🔷 Types of Delegated Legislation:

1. Statutory Rules – Made under an Act of Parliament

2. Regulations – Made by authorities like RBI, SEBI, etc.

3. By-laws – Made by Municipalities, Local Authorities

4. Orders – Temporary or emergency-based rules

5. Notifications – Issued by departments for public info

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🔷 Advantages of Delegated Legislation:

✅ Saves Parliament’s time
✅ Allows expert decision-making
✅ Gives flexibility and quick updates
✅ Local and practical rules possible
✅ Supports emergency governance

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Limitations of Delegated Legislation

Though it is useful, delegated legislation must be controlled, otherwise it may lead to misuse.

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🔷 1. Parliamentary Control

• Parliament must supervise and approve rules made by Executive.

• Some Acts require that rules must be laid before Parliament (laying procedure).

• Parliament can cancel or modify rules.

🧠 Case Law:
Raj Narain v. Chairman, Patna Administration Committee
– Held that executive powers must follow the limits set by Parliament.

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🔷 2. Judicial Control

Courts can strike down delegated legislation if:

• It is ultra vires (beyond the powers granted)

• It violates Fundamental Rights

• It is unreasonable or arbitrary

🧠 Important Case:
Chintaman Rao v. State of M.P. (1950)
– Supreme Court held that rules must not violate Article 19(1)(g) – Right to carry on any profession.

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🔷 3. Sub-delegation Not Allowed

• A person who got power cannot further delegate it unless law permits.

• "Delegatus non potest delegare" = A delegate cannot delegate.

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🔷 4. Must Not Violate Constitution

• Any rule made must follow the Constitution.

• If it violates Fundamental Rights (like equality, freedom), courts will strike it down.

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🔷 5. No Essential Legislative Function

• Only non-essential functions can be delegated.

• Basic policy or principle must be made by Parliament, not Executive.

🧠 Case:
A.K. Roy v. Union of India – Parliament must lay down the guiding principles.

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🔷 6. Abuse of Power

• Government may misuse power to make rules in their favour.

• May lead to bureaucratic dictatorship.

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🔷 Conclusion

• Delegated legislation is a practical necessity in modern governance.

• It helps in making flexible, expert-driven, and area-specific rules.

• But it must be used carefully, under strict parliamentary and judicial control, to prevent abuse or misuse of power.

🖋️ In exams, always write the meaning, need, types, advantages, and limitations along with 2–3 case laws and a short conclusion.