1. The synonym for delegated legislation is subordinate legislation.

Salmond has stated, legislation is either supreme or sub-ordinate. Overall,

the law legislated by the administration with the powers given by the
legislature is delegated legislation.

2. Types : 1. Positive Delegation: When the delegated powers are clearly

explained in the statute/parent rule, it is termed positive delegation.

Negative Delegation: When the delegated powers are

obscurely (blur) cited in the main statute, it is termed negative delegation.

Examples: Rules, regulations, by-laws etc., are some of the examples of

delegated legislation.

3. Some of the main advantages of Delegated Legislation are:

 Saves cost and time when dealing with emergencies.

 More flexible as compared to non-delegated legislation.
 Helps in finding the bottlenecks.
 Sets up a new base for amendment of statutes which is the demand of
time.
 Helps in relieving the burden on Parliament.
 Affected person’s interest is maintained.

4. Some of the main disadvantages of Delegated Legislation are:

 More claims for review of legislation.

 Influence of superior courts may cause interference.
 Authorities may follow the dictatorial principle.
 Increase in corruption and misuse of powers.
 Lack of legal knowledge among common people may trigger unavoidable
situations.
 Slowly, the executive will start encroaching upon the legislature if
delegation is obscure.
 It is against the doctrine of separation of powers.
 Executive becomes more powerful.

5. Delegatus non potest delegare: A delegate cannot further delegate.

Suppose, A has made power of attorney in favour of B in which he has
delegated sale deed agreement execution powers in favour of B. B cannot
further delegate or create another power of attorney to C.

Note: If a non-delegable function is delegated, that legislation is bad and

ultra-vires of the Constitution.

6. Judicial and Legislative Control: Judicial control over the delegated

power is implemented by two methods – Substantive Ultra-
Vires and Procedural Ultra-Vires. Ultra-vires means beyond the powers.

It is a general rule of law that any public servant cannot act beyond its
powers, and if he does so, it is accordingly ultra-vires or void. In legislative
control, Parliament is the main authority to delegate the powers through
statutes.

Legislative Control

 Parliament has the power to control sub-ordinate law-making agency.

 It must be laid before Parliament for the prescribed period of time.
 Scrutinizing committee must approve and report to the Parliament.
 Affected groups must be consulted.
 Publication of rules in the official gazette is a must.

Judicial Control
Doctrine of Ultra Vires: If sub-ordinate authority goes beyond the powers
conferred by enabling act, such exercise of power is void. Dicey expounded
this doctrine.

Procedural Ultra Vires:

o Publication is essential and mandatory.

o Applies to particular procedure.
o Power vested in one authority by parent act.
o Consulting opinion and suggestion is followed mandatorily.

Substantive Ultra Vires:

o Sub-ordinate authority should not go beyond policy/principles/purposes

in the parent act and the Constitution.
o Parent Act should be Constitutional (Chintamani Rao vs State of MP).
o Sub-Ordinate Legislation should not be the ultra vires of the
Constitution (Narendra Kumar vs Union, 1960).

7. Case Laws related to Delegated Legislation

Gerewal D S vs Punjab State

In this case, Mr Gerewal challenged his removal from one of the prestigious
Indian Police Service of the country under Article 226 at the High Court of
Punjab. The apex court held that Article 312 of the Indian Constitution does
not mention anything that removes delegation power.
 State of Sikkim vs Surendra Sharma

Sikkim Govt created certain casual posts for a job. Later, the government
removed some non-locals from the service. Non-locals filed a writ petition
in the High Court that removing non-local employees violates Article
14 and Article 16 of the Constitution.

Held: Discrimination based solely on the workers’ status as ‘non-locals’

was found to be unconstitutional under Article 14 and Article 16 of the
Constitution, and the orders of termination based on that basis were
overturned.

Chintaman Rao vs State of MP

Held: The Deputy Commissioner’s prohibition on producing bidis during the

agricultural season is a violation of Article 19.1.g of the Indian Constitution.

R Chandran vs M V Marappan

Held: The power of by-laws must be within the limits of the legislature. If
not, the same must be struck down.

Re Delhi Laws Act

In re Delhi Laws Act, Precepts stated as follows:

 Parliament cannot give up by creating another legislative body.

 Delegation power is adjunct to the legislative power.
 Repealing power cannot be delegated.
 Necessary functions of legislature cannot be delegated, whereas
unnecessary ones can be.
Above (In re Delhi Laws Act) case law is an excellent example of judicial
control over delegated legislation.

Please Read: https://prolawctor.com/delegated-legislation-administrative-

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%20of%20parliament.