DELEGATED

LEGISLATION
Aryan Thakur B.A.LL.B. (Hons.) Sem-6
Roll No.-19187
 Introduction
When the functions of legislation, is entrusted to organs other than the legislature, then the legislation made
by such organ is called 'delegated legislation’. …………………………….……………

According to Salmond, legislature is either supreme or subordinate and the subordinated authority is
dependent for its continuation and existence on the superior authority……………...

Delegated legislation is also known as 'sub-ordinated legislation', because the legislative power of the
organ which makes it are limited by the statue which confers such power and thus it is valid only if it is
within the limits of the statute.
 Reasons for the growth
• Pressure on Parliament
• Flexibility
• Experiments
• Emergency
• Technicality
• Confidential Matters
• Complexity of Modern Administration
 Classification of delegated legislation
1. Title based classification
An act may grant the authority the ability to enact laws, orders, or bye-laws. The variety of legislative
provisions that may exist under multiple names has basically no limitation.
2. Nature based classification
Delegated legislation may also be classified on basis of the nature and extent of delegation of
legislative power. According to the Committee on Ministers Power, there are two types of
parliamentary delegation :
• Normal Delegation
a) Positive Delegation
b) Negative Delegation
• Exceptional Delegation
 Delegated Legislation in India
Pre - Constitutional Period
• Queen v. Burah
• Jatindra Nath Gupta v. Province of Bihar
Post - Constitutional Period
• Constitutionality of delegated legislation
• Section 7 of the Delhi Laws Act, 1912
• Section 2 of the Ajmer – Mewar
(Extension of Laws) Act, 1947
• Section 2 of the Part C State (Laws) Act,
1950
 Post - Constitutional Period
Principles laid down in the reference case (Siddhanatwali)
(a) Parliament cannot abdicate or efface itself by creating a parallel legislative body.
(b) Power of delegation is ancillary to the power of legislation.
(c) The limitation upon delegation of legislative power is that the legislature cannot part with its
essential legislative power that has been expressly vested in it by the Constitution. Essential
legislative power means laying down policy of law and enacting that policy into a binding rule of
conduct.
(d) Power to repeal is legislative and it cannot be delegated.
 Restraints on Delegated Legislation
1. Excessive Delegation : Permissible Limits

a) Legislative Policy to be found in Essential Legislative Function

• Raj Narain Singh v. Patna Administration Committee
• Edward Mills v. State of Ajmer
• Hamdard Dawakhana v. Union of India
• Gwalior Rayon Silk Mfg. Co. v. Asstt. Commissioner
• N.K. Papiah v. Excise Commissioner

b) Justification of Legislative Policy

 Forms of delegation
1. Amplification of Policy
• Shankar Bagla v. State of Madhya Pradesh
2. Modification
• N.C.J. Mills Co. v. Asstt. Collector, Central Excises
3. Removal of Difficulties (Henry VIII Clause)
• Jalan Trading Co. v. Mill Mazdoor Sabha
• Gammon India Ltd. v. Union of India
• West Bengal State Electricity Board v. Desh Bandhu Ghosh
4. Inclusion and Exclusion
5. Taxation
• Orient Weaving Mills v. Union of India
 Judicial Control over delegated
legislation
1. Where Parent Act is ultra vires the
Constitution
a) Express Constitutional Limits
b) Implied Constitutional Limits
c) Constitutional Rights
• Chintaman Rao v. State of Madhya
Pradesh
3. Where Delegated Legislation is ultra vires
the parent act
1. Where Delegated Legislation is ultra vires
the Constitution
a) General
• Dwarka Prasad v. State of Uttar Pradesh
• Naredra Kumar v. Union of India
b) Arbitrary Power is ultra vires the
Consitution
• Himmat v. Commissioner of Police
c) Theory of Derivative Immunity
a) Latafat Ali Khan v. State of Uttar
Pradesh
 Legislative and Procedural Control
Legislative Control Procedural Control
1. Proceedings in parliament 1. Antecedent Publicity
2. Laying on the table 2. Publication
3. Scrutiny Committee 3. Consultation of interests
 Sub - Delegation
• When a statute confers legislative powers on an administrative authority and that authority further
delegates those powers to another subordinate authority or agency, it is called sub-delegation.
• Thus, what happens in sub-delegation is that a delegate further delegates. This process of sub-delegation
may go through one stage to another stage. If enabling Act is called the 'Parent' and the delegated and
sub-delegated legislation the 'Children', the 'Parent' in his own life time may beget descendants up to four
or five degrees
 Object of Sub – Delegation
The need of sub-delegation is sought to be supported, inter alia, on the basis of following factors-
1. Power of delegation necessarily carries with it the power of further delegation and hence, the delegate
has power to further delegate; and
2. Sub-delegation is ancillary to delegated legislation, and objection to such process is likely to subvert
the authority which the legislature delegates to the Executive.
The maxim 'delegatus non potest delegare' does not lay down a rule of law. It merely states a rule of
construction of a statute. Generally sub-delegation of legislative power is impermissible, yet it can be
permitted either when such power is expressly conferred under the statute or can be inferred by necessary
implication. 170 This is so because there is a well established principle that a sub-delegate cannot act
beyond the scope of power delegated to him
 Express Power Implied Power

1. Jackson v. Butterworth
1. Central Taklies v. Dwarka Prasad
2. States v. Bareno
2. Allingham v. Minister of Agriculture
3. State v. Amir Chand
3. Ganpati Singhji v. State of Ajmer

4. A.K. Roy v. State of Punjab

1. Criticism
• Barium Chemicals Ltd. v. Company Law Board

2. Control of sub – delegation

3. Publication of sub – delegation

• Narendra Kumar v. Union of India