DELEGATED LEGISLATION AND ITS

JUDICIAL CONTROL: AN ANALYTICAL

STUDY
INTRODUCTION

Legislative Power of Administration- Delegated Legislation

Legislative power of the administration means the power given to the

administrative authority by the Legislature to make rules, regulations, like
provisions on certain matter. It may be defined as the law making power of the
Executive or administrative authority. It is briefly known as “delegated
legislation”. It has also been described as “outsourcing of law- making power”.

Halsbnry’s Law of England’ explains that when an instrument of a legislative

nature is made by authority other than the Legislature, it is called Delegated
Legislation. To put in simple terms delegated legislation refers to all law-making
which takes place outside the legislature.

 Subordinate Legislation

Deligated Legislation is also called Subordinate Legislation. Distinguishing

between “Supreme Legislation” and “Subordinate Legislation”,

Salmond explains:

“Subordinate legislation is the legislation made by the authority other than the
supreme authority in the State, in the exercise of the power delegated to it, by the
supreme authority.”

The subordinate legislation, says Salmond, “is dependent on some superior

authority for its continued existence and validity.”

OBJECTIVE OF STUDY:
Set in the above perspective, the present study intends to understand and examine
the about the concept of delegated legislation and its judicial control. The specific
Objective of study are:

1. To understand the concept of Delegated Legislation

2. To understand Causes and growth of Delegated legislation
3. To study Conditional Legislation
4. To analyze restraints on delegation of legislature power
5. To make comparative analysis among other nations
6. To study Judicial control over delegated legislation
7. To study sub delegation

RESEARCH METHODLOGY
The mode of writing this research paper is doctrinal in nature. Secondary and
Electronic resources have been largely used to gather information and data about
the topic. Books and other reference as guided by Faculty have been primarily
helpful in giving this project a firm structure. Websites, dictionaries and articles
have also been referred. Footnotes have been provided wherever to acknowledge
the source.

HYPOTHESIS
The researcher has framed the following hypothesis before commencement of the
research work:

Delegated Legislation and its Judicial control with restraints on delegation of

Legislative Power.

SCOPE OF STUDY
The purpose of this research is to analyze the concept of delegated legislation,
Judicial control over delegated legislation and some restraints on delegation of
legislative power with comparative analysis.