Delegated Legislation

પ્રતિતિતિત્વથી તવદાિ
• Definitions of administrative law –વ્યાખ્યાઓ
• nature and scope of administrative law- વહીવટી
કાયદાન ું સ્વરૂપ અિે કાયયક્ષેત્ર
• Reasons for growth of Administrative Law -
વહીવટી કાયદાિા તવકાસિાું કારણો
• Constitutional Law and Administrative Law-
બુંિારણ અિે વહીવટી કાયદો
• Dual Judicature in France
• Rule of law –કાયદાન ું શાસિ
• Separation of powers-સત્તાિા તવભાજિિો
તસદ્ાુંિ
• classification of administrative acts-વહીવટી
કૃત્યોન ું વર્ગીકરણ
• the legislature enacts the law covering only
general principles and policies relating to the
subject matter in question and confers the
rule making power on government or some
other administrative agency
• તવદાિસભા માત્ર િીતિ જ િક્કી કરે છે . િેિી
તવર્ગિો િક્કી કરવાન ું કામ સામાન્યિ:
કારોબારી પર છોડી દેવામાું આવે છે .
 “the delegated legislation is so multitudinous
that any statute book will not only be
incomplete but even misleading unless it be
read along with the delegated legislation
which amplifies and amends it.”
• - Sir Cecil Carr -
 Definition

“ delegated Legislation is an expression which

covers multitude of confusion – it is an excuse
for the legislators- a shield to administrators
and – a provocaton to constitutional jurist”
 Halsbury Law of England
• “ when an instrument of a legislative nature
is made by an authority in exercise of powers
delegated or conferred by the Legislature it is
called subordinate legislation
 Committee of Ministers
• the expression of delegated legislation is
used in two senses .
• in one sense delegated legislation means
exercise of rule making delegated to the
Executive by the legislature
• in other sense it means the output of
exercise of that power
 generally delegated legislation means the law
made by the executive under the powers
delegated to it by the legislature
• ”when the function of the legislature is
entrusted to organs other than the legislature
itself , the legislation made by such organs is
called delegated legislation”
delegated Legislation as distinguished
from administrative power
• distinction between administrative and
legislative functions

Factors Legislative Administrative

Publication published in certain publication is not

manner necessary of order is of
administrative nature
Factors Legislative Administrative

need of compliance with compliance of principle of the authority was

Principles of natural justice natural justice are not required to act judicially ,
required the principles of natural
justice are required to be
observed
Factors Legislative Administrative

Grounds of judicial review no such challenge in case An administrative action

of delegated legislation can be challenged on
ground of malafides
Factors Legislative Administrative

Duty to give reasons not applicable if an order is an

administrative order duty to
give reasons appllies to it
Factors Legislative Administrative

Sub delegation Only in most exceptional but administrative powers

circumstances can can be sub delegated
legislative powers to be
sub delegated

A power to make rules of general applicability is leegislative where as a power to

make orders in specific case is administrative
distinction between legislative and administrativ e acts is that between general and
particular
• power to fix price is administrative rather
than legislative in nature (Dwaraka prasad v.
state of UP(1954)
• but in union of india v. Cynamide India Ltd
(1967) price fixation was held to be legislative
action
• some example for legislative act :
• 1. power to fix tax rates
• 2. extension of limits of town area committee
 factors leading to growth of
Delegated Legislation
• pressure upon parliamentary time
• technicality
• Flexibility
• Experimentation
• Emergency
• Confidential matters
• Complexity of modern administration
 Classification of delegated legislation
• (1) title based classification
• (2) nature based classification
Title based classification of Delegated
legislation (forms of delegation )
પ્રતિતિતિત્વથી તવિાિિી રીિ
• Rules - તિયમો
• Regulations-તિયમિો
• Orders-હકમો
• Bye-laws-પેટ-કાયદો
• ૂ
Directions-સચિો
• Schemes-યોજિાઓ
 Nature based classification
• (1) normal delegation –
• - positive delegation
• - negative delegation
• (2) exceptional delegation (Henry VIII clause)
 1 normal delgation
• there are two types of normal delegation
• 1. positive delgation - where limits are
clearly defined in the parent Act
• 2.negative delegation – where delegted
power does not include power to do certain
things
• eg: power to legislate on matters of policy
• power to impose tax
 2. Exceptional delgation (Henry VIII
Clause
• instances of exceptional delegation may be
as follows :
• A. power to legislate on matters of principle
• B. power to Amend Acts of Parliament
• C. power giving such a wide discretion that it
is almost impossible to know the limits
• D. Power to make rules which can not be
challenged in court of law
 Types of delegation
• 1. permissible delegation
• 2. impermissible delegation
 Permissible delegation

• there are two modes of permissible delegation

• in US
• 1. contingent legislation
• 2. subordinate legislation
• in India
• 1. conditional legislation
• 2. sub ordinate legislation
• Contingent legislation (શરતી વિધાન )– a
staute that provides control but specifies that
they are to come into effect only when a
given administrative authority finds the
existence of conditions defined in the
staatute
• Subordinate legislation ( અધીનસ્થ વિધાન ) -
consists of a discretionary elaboration of rules
and regulations
 Impermissible delegation
• essential legislative powers can not be
delegated by the legislature to the executive
• the legislative policy must be laid down by
the legislature itself and by entrusting this
power to executive the legislature can not
create a parallel legislature
• delegation of legislative power can not
amount to abdiction of essential legislative
functions
Delegated legislation in UK
delegated legislation in US
 delegated legislation in india
• 1. pre constitutional period
• 2. post constitutional period