Delegated Legislation and its growth in Inida
✅ What is Delegated Legislation?
Delegated Legislation refers to laws or rules made by an executive authority or subordinate body under powers delegated to it by the legislature (Parliament or State Assembly).
🔹 In Simple Terms:
Parliament makes a parent or enabling law, and delegates rule-making power to an authority (like a ministry, municipal body, board, etc.) to fill in the details, procedures, or technical regulations.
🔹 Need for Delegated Legislation
Technicality: Legislature may lack technical expertise (e.g., aviation safety, environmental standards).
Time Constraint: Legislature doesn’t have time to go into the minute details of every statute.
Flexibility: Delegated legislation can be amended or updated more easily than an Act.
Emergency Situations: Allows the executive to make quick rules during crises.
Experimentation: New policies can be tested without changing the principal Act.
🔷 Types of Delegated Legislation
| Type | Description |
|---|---|
| Statutory Instruments | Rules/regulations made under authority of an Act |
| Bye-laws | Local laws by municipalities, universities, etc. |
| Orders-in-Council | Executive orders under emergency powers |
| Administrative Instructions | Executive guidelines not having full legal status |
🏛️ Constitutional Validity of Delegated Legislation
The Indian Constitution allows delegation of legislative powers but with reasonable limitations.
Essential legislative functions (policy decisions, principles) cannot be delegated.
Subordinate legislation must not go ultra vires (beyond the scope) of the enabling Act.
📈 Growth of Delegated Legislation in India
Post-Independence Development:
Rapid economic, social, and administrative development required detailed laws.
Welfare State:
A welfare-oriented state needs flexible laws for implementation of social programs.
Complex Governance:
Regulation of trade, environment, industry, health, etc., needs expert-based rule-making.
Judicial Recognition:
Courts have accepted and upheld the growth of delegated legislation in various rulings.
⚖️ Landmark Case Laws (More than 5 Explained in Detail)
1. In re Delhi Laws Act Case (1951)
Citation: AIR 1951 SC 332
Facts: The President referred a question about the validity of Section 2 of the Delhi Laws Act, which allowed the Central Government to extend laws to Delhi with modifications.
Issue: Whether delegation of law-making power (including power to amend laws) to the executive is valid.
Held: Supreme Court held that delegation is valid as long as the essential legislative functions (policy, principles) are not delegated.
Significance: This is the foundational case that recognized delegated legislation as constitutionally valid in India, with limitations.
2. Ajoy Kumar Banerjee v. Union of India (1984)
Citation: AIR 1984 SC 1130
Facts: Challenge to a notification under the Industrial Disputes Act affecting wages.
Issue: Whether the delegation of power to fix wages and conditions of work was valid.
Held: The Court upheld the delegation, holding that policy and guidelines were clearly laid down in the Act.
Significance: Confirmed that detailed matters like wage fixation can be validly delegated.
3. Vasanlal Maganbhai Sanjanwala v. State of Bombay (1961)
Citation: AIR 1961 SC 4
Facts: Government given power to control rent and eviction under the Bombay Rents Act.
Issue: Was this an excessive delegation?
Held: Supreme Court upheld the delegation as the object and policy of the Act were clearly laid out.
Significance: Reaffirmed that delegation is valid if the statute provides clear standards.
4. Hamdard Dawakhana v. Union of India (1960)
Citation: AIR 1960 SC 554
Facts: The government banned advertisements for certain medicines under delegated powers.
Issue: Whether the delegation was vague and unregulated.
Held: Court struck down the delegated power as vague and lacking guidance.
Significance: Highlighted that uncontrolled or unguided delegation is unconstitutional.
5. Municipal Corporation of Delhi v. Birla Cotton Mills (1968)
Citation: AIR 1968 SC 1232
Facts: MCD imposed a tax under powers delegated by the Delhi Municipal Corporation Act.
Issue: Whether taxation can be delegated.
Held: Taxation can be delegated provided the rate, scope, and conditions are defined in the statute.
Significance: Validated delegation of taxing powers to local bodies with proper statutory control.
6. Rajnarain Singh v. Chairman, Patna Administration Committee (1954)
Citation: AIR 1954 SC 569
Facts: The question was whether the power to modify existing laws through delegated legislation was valid.
Held: Delegation was valid as long as the power was circumscribed by policy and objective.
Significance: Recognized the concept of conditional legislation, where the executive is given limited legislative discretion.
7. D.S. Garewal v. State of Punjab (1959)
Citation: AIR 1959 SC 512
Facts: Government had power to frame service rules for civil servants.
Issue: Whether such powers amounted to excessive delegation.
Held: Delegation upheld as service rules were administrative and procedural.
Significance: Distinguished between substantive and procedural matters in delegation.
✅ Judicial Principles on Delegated Legislation
| Principle | Explanation |
|---|---|
| Essential Function Rule | Legislature cannot delegate core functions like setting policy or principles |
| Guidance & Standards | Parent Act must provide guidelines to prevent arbitrary exercise of power |
| Ultra Vires Doctrine | Delegated legislation must not go beyond the powers granted |
| Judicial Review | Courts can strike down delegated legislation if it violates Constitution or enabling Act |
🧾 Controls Over Delegated Legislation
Legislative Control
Laying procedures (rules placed before Parliament)
Scrutiny Committees
Judicial Control
Review on grounds of ultra vires, arbitrariness, violation of fundamental rights
Executive Control
Ministerial supervision, instructions, or withdrawal of rules
📌 Conclusion
Delegated legislation has become a vital part of modern governance in India.
It allows the executive to implement detailed and technical aspects of laws efficiently.
However, to prevent misuse, judicial and legislative controls are essential.
Courts have struck a balance—recognizing the necessity of delegation while safeguarding against abuse of power.
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