UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

BA LLB CRIMINAL LAW

(BATCH 1)

SEMESTER IV

SESSION: JANUARY-MAY

ACADEMIC YEAR: 2017-18

ASSIGNMENT
FOR

INTERPRETATION OF STATUTES
On

SUBORDINATE LEGISLATION

NAME: ANSHUL NATANI

SAP ID: 500055219

ROLL NO.: R129216026

 Introduction

Subordinate legislation is the legislation made by an authority subordinate to the legislature.

According to Sir John Salmond, “Subordinate legislation is 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 supreme authority.”* Most of the enactments provide for the
powers for making rules, regulations, bye-laws or other statutory instruments which are
exercised by the specified subordinate authorities. Such legislation is to be made within the
framework of the powers so delegated by the legislature and is, therefore, known as delegated or
subordinate legislation.

It can be necessary for legislative power to be delegated for any of the following reasons:

 to save pressure on parliamentary time

 the legislation is too technical or detailed to be suitable for parliamentary consideration

 to deal with rapidly changing or uncertain situations

 to allow for swift action in the case of an emergency.

Particular meaning under the Statutory Instruments Act 1992

This handbook, however, uses the term ‘subordinate legislation’ in a more particular sense, in
accordance with the framework established by the Statutory Instruments Act 1992.

Under the Statutory Instruments Act 1992, subordinate legislation refers to a defined subset of
statutory instruments.

A ‘statutory instrument’ is an instrument made directly or indirectly under an Act by an entity

other than the Parliament. ‘Subordinate legislation’ refers to a statutory instrument that is
classified as subordinate legislation under that Act. See sections 6 to 9 of that Act for more
details.
 There are many types of subordinate legislation. Some of the most common are:

 regulations made by the Governor in Council

 proclamations that provide for the commencement of provisions of an Act

 local laws

 rules

 by-laws.

Sometimes, whether a statutory instrument is classified as subordinate legislation depends on

the provisions of the empowering Act. For example, an empowering Act may provide for a
statutory instrument to be made by an entity (for example, a board), but require the instrument
to be approved by the Governor in Council. Under the Statutory Instruments Act 1992, the
instrument is subordinate legislation. Rules and by-laws can be instruments of this nature.

On the other hand, an empowering Act may provide for a statutory instrument to be made by an
entity (for example the Minister or the chief executive) with no requirement that it be approved
by the Governor in Council. However, the empowering Act may declare the instrument to be
subordinate legislation. If so, this instrument is also subordinate legislation under the Statutory
Instruments Act 1992. Standards and notices can be instruments of this nature.

Necessity for subordinate legislation

The need and importance of subordinate legislation has been underlined by the Supreme Court in
the Gwalior Rayon Mills Mfg. (Wing.) Co. Ltd. v. Asstt. Commissioner of Sales Tax and
Others** thus : Most of the modern socio-economic legislations passed by the legislature lay
down the guiding principles and the legislative policy. The legislatures because of limitation
imposed upon by the time factor hardly go into matters of detail. Provision is, therefore, made
for delegated legislation to obtain flexibility, elasticity, expedition and opportunity for
experimentation. The practice of empowering the executive to make subordinate legislation
within a prescribed sphere has evolved out of practical necessity and pragmatic needs of a
modern welfare State. In modern times, it is not always possible for the legislatures to make laws
providing every detail. In view of newer areas emerging, law-making today has become not only
 time consuming but also an increasingly complicated and technical affair. What a legislature can
possibly do and actually does is that it lays down the policy and purpose of the legislation and
leaves it to the executive, experts and technocrats to provide for working details within the
framework of the enactment by way of rules, regulations, bye-laws or other statutory
instruments. That is why, delegated legislation is increasingly assuming an important role in the
process of law-making, comprising an important component of legislation. Powers have also
been conferred under various provisions of the Constitution of India on the different
functionaries to frame rules, regulations or schemes dealing with various aspects.

Significance of status as subordinate legislation

The significance of whether a statutory instrument is subordinate legislation lies in the fact that
subordinate legislation:

 must be drafted by OQPC, unless it is exempt subordinate legislation (see Chapter 6.2)

 is subject to the notification, tabling and disallowance provisions of the Statutory Instruments Act
1992 (see Chapter 6.13)

 is subject to scrutiny by the appropriate portfolio committee (see Chapter 6.14).

CASE

Raghubar Swarup v. State of U.P AIR 1959 SC 909

Section 2 of U.P Zamindari Abolition and Land Reforms Act, 1951 was in question.

By this section, power was conferred upon State government to extend the act to other areas in
the state to which it was not initially applied. Supreme Court upheld this provision and observed
that it is well settled that legislature may leave it to the executive to apply the provisions of an
act to different geographical areas at different times on various considerations