Delegated Legislation

The delegation of legislative functions by the legislature to the executive has become necessity. The delegated legislation, now a days, a necessary evil. The growing tendency of Delegated legislation may result in ‘new depotism’ if it is not properly controlled.

What is delegated legislation?

Mukherjia J says,
“Delegated Legislation is an expression which covers a multitude of confusion”.

Jain and Jain
‘ the term delegated legislation is used in two senses
a) the exercise by a subordinate agency of the power delegated to it by the legislature
b) the subsidiary rules themselves whichare made bythe subordinate agency in pursuance of the power conferred on it by the legislature

Salmond,
‘that which proceeds from any authority other than the sovereign power and is, therefore, dependent for its continued existence and validity on some superior or superior authority’

Donoughmore committee on Ministerial power
‘ the term delegated legislation means
a) the exercise of law making power by the executive under the authority delegated to it by parliament
b) the rules, regulations, bylaws etc made by the executive in theexercise of law making power delegated to it by the parliament.

The Supreme Court of India Agricultural Marketing Committee V Shalimar chemical Works Ltd AIR 1997 SC 2502
‘ Delegated legislation is the legislation which proceeds from any authority other than the soverign power and depend on source superior authority for its continued existence and validity’.

‘Delegated legislation refers to all law making which takes place outside the legislature and is generally expressed as rules, regulations, byelaws, orders, schemes, directions or notifications’.

The statute enacted by the legislature conferring the legislative power upon the executive is known as the ‘Parent Act’ or ‘Primary law’ and the rules, regulations byelaws, orders, etc made by the executive in pursuance of the legislative power conferred by the legislature are known as subordinate laws or subsidiary laws or child legislation.

REASONS FOR THE GROWTH OF DELEGATED LEGISLATION
pressure upon parliament’s time
Technicality (AIR 1997 SC 2502)
Flexibility
Experiment
To tackle Emergency situations
unforeseen contingencies
Complexity of Modern Administration

CLASSIFICATION OF DELEGATED LEGISLATION

Title based classification
Rule: For the definition see the General Clauses Act 1897
Regulation: An instrument by which decisions, orders and acts of government are made known to the public.
Order: in general order refers to Administrative Rule making.
Bye-laws: Rules made by semi-governmental authorities established under the Acts of Legislature
Directions: Expression of Administrative Rule making under the authority of law
Scheme: It is the situation where the law authorizes the administrative agency to lay down a framework.
Distinction based classification
Subordinate legislation: The process consist of discretionary elaboration of rules and regulations
Conditional Legislation: The statute that provides control but specifies that they are to go in to effect only when a given administrative authority finds the existence of conditions defined in the statute itself.