Admin Law Lecture notes-(01/03/2021)

It is very difficult to give any precise definition of delegated legislation. Justice Mukherjee in his book
said that it is equally difficult to ascertain the scope of it. According to salmond legislation is either
supreme or subordinate. Thus delegated legislation is a legislation made by a body other than the
parliament. In the other words when the function of legislation is entrusted to an organ other than
legislature itself is called delegated legislation. Delegated legislation is inevitable. Legislation other
than the parliament shouldn’t be allowed cause it infringes the doctrine of separation of powers.

Many factors are responsible for the rapid growth of delegated legislation in the 20 thcentury like the
traditional theory of laissez-faire.

There are various reasons for the growth of delegated legislation-

1- Today the legislation has become highly technical in the nature which requires the existence of
an expert.
2- Many subjects which legislation are required to make are such of an nature that are ever
changing and their future consequences can’t be ascertained.
3-