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Delegated Legislation

Delegated Legislation

🔷 Meaning:

  • Delegated legislation, also called subordinate legislation, is the law made by persons or bodies other than the legislature (Parliament or State Legislature) but with the authority given by the legislature.

  • It is a process where the legislature delegates its law-making power to the executive or other agencies for detailed rules and regulations.

  • This is necessary because legislatures cannot make detailed laws for every small matter.

🔷 Definition:

  • According to Dicey:
    "Delegated legislation is the creation of laws by persons or bodies other than Parliament, but under powers conferred by an Act of Parliament."

  • It is legislation made under the authority of a parent Act (also called the enabling Act).

🔷 Why is Delegated Legislation Needed?

  • Volume and Complexity: Parliament cannot legislate every detail due to time constraints.

  • Expertise: Experts in certain fields (e.g., health, environment) make technical rules.

  • Flexibility: Rules can be changed quickly to meet changing needs.

  • Local Needs: Allows local authorities to make laws suited for their areas.

  • Administrative Convenience: Helps in efficient implementation of laws.

🔷 Types of Delegated Legislation:

1. Rules:

  • Made by the executive to carry out the provisions of the parent Act.

  • Usually detailed regulations.

2. Regulations:

  • Made by government ministers or agencies for carrying out specific purposes.

  • Often have the force of law.

3. By-laws:

  • Laws made by local authorities, corporations, or companies to regulate local matters.

4. Orders:

  • Usually issued by the government to deal with particular situations under statutory authority.

5. Notifications:

  • Official announcements published in the government gazette to bring laws into force or modify them.

🔷 Sources of Delegated Legislation:

  • Parliament Acts (Parent Acts): Delegate power to the executive.

  • Constitutional provisions: Provide framework for delegation.

  • Administrative agencies and authorities: Given power by Acts to frame rules.

🔷 Advantages of Delegated Legislation:

  • Saves Parliament’s time: Legislature focuses on broad policies.

  • Allows detailed and technical laws: Experts prepare laws.

  • Quick and flexible: Laws can be amended easily without full legislative procedure.

  • Local autonomy: Local bodies can make laws appropriate to their needs.

  • Reduces workload of courts: Clear detailed rules prevent disputes.

🔷 Limitations and Control on Delegated Legislation:

Although delegated legislation is necessary, it can be misused or cause problems. Hence, it is subject to controls:

1. Legislative Control:

  • Parliament can revoke or amend delegated legislation.

  • Joint Parliamentary Committee may review it.

2. Judicial Control:

  • Courts can declare delegated legislation invalid if it is ultra vires (beyond the powers given).

  • Courts ensure it does not violate the Constitution or parent Act.

3. Procedural Control:

  • Delegated legislation must follow certain procedures such as publication in the official gazette, consultation, or approval by Parliament.

4. Financial Control:

  • Rules involving expenditure require parliamentary approval.

🔷 Problems of Delegated Legislation:

  • Lack of democratic control: Legislators delegate law-making power.

  • Possible misuse of power: Executive may abuse delegated powers.

  • Volume: Large amount of delegated legislation may be difficult to monitor.

  • Lack of publicity: Some rules are not widely publicized.

🔷 Examples of Delegated Legislation in India:

  • Motor Vehicles Rules, 1989 framed under the Motor Vehicles Act.

  • Factories Rules made under the Factories Act.

  • Income Tax Rules under the Income Tax Act.

  • Central Pollution Control Board notifications under the Environment Protection Act.

🔷 Conclusion:

Delegated legislation is an essential part of the law-making process in modern states. It provides efficiency, expertise, and flexibility in law-making. However, it requires proper checks and balances to prevent misuse and ensure it serves public interest while respecting democratic principles.


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