The Constitution of India embraces the Legislature to instigate laws for the nation. One of the very indispensable legislative matters is to determine a legislative proposed actions and to made them in form of rules for their proper implementation and therefore such authorized power cannot be bestow upon other subordinate authorities, But as there are diverse form of activities of the smooth functioning of the State, it hurdles the flow functioning of the Legislature to undertake all its performance accurately and desirably and hence, in this situation the contribution of the Delegated Legislation, prove its accountability by indulging its responsibility into the appropriate action.
The word “legislation” comes from the method of emancipating or enacting or on the other hand repealing a positive law in written form by a branch of government held to accomplish this procedure, which is by the legislature.
The word “Delegation” effectively conducts very rigorous responsibility which handover to the additional official authority or which act as a representative.
Thus, “Delegated legislation” means the practice of delegation of the legislative power by an agency that is subordinate to the legislature. This subordinate body acquires the power from the act of the legislature. Powers are being delegated from the main/superior lawmaker to the lower/subordinate body, inclusive of executive, cabinet, council of minister, or a particular administrative authority, local bodies by the procedures of the delegation.
WHAT DELEGATION IS PERMISSIBLE:
1) In the case of Inder Singh v. State of Rajasthan ((1957) S.C. 510), it was quoted that- The Legislature may leave it to the judgment of a local administrative body if there is any necessity for applying or introducing Act in the Local area, or the determination of a contingency or event for which the legislative provisions are made to operate. This is known as Conditional Legislation.
2) In the case of Mohan Singh v. State of Punjab ((1964) S.C. 381 ) the legislature may leave it to a subordinate agency or some executive authority, the power of making rules and regulations to carry out the purposes of legislation and to executive that legislative policy. When legislative power is so exercised by the administrative or other subordinate body, it is called Subordinate Legislation, whereas on the part of the Legislature, it is called Delegated Legislation.
3) In the case of Lachmi Narain v. Union of India ((1976) S.C. 714), it was held that the delegation of the legislative power to modify will be permissible only if it becomes necessary and primary for extend of the specific statute.
WHAT FUNCTIONS CANNOT BE DELEGATED BY THE LEGISLATURE:
- The most important legislative functions are to determine the legislative rule making policy and its formulation as the rule of regulation. The legislature cannot delegate to any other agency the exercise of its judgment on the question as to what the Law should be.
- The power to repeal a Law is an essential Legislative power. what the legislature can validly delegate is the power to make regulations for carrying out any purposes of act and not to amend it.
- Prescribing an offence and its punishment is essentially a legislative act.
CONTROL OVER DELEGATED LEGISLATION:
- PARLIAMENTARY CONTROL OVER DELEGATED LEGISLATION
The Council of States and the House of People have their committees on subordinate legislations. Each of these committees scrutinizes the statutory rules, sub-rules, regulations, bye-laws, etc. made by any administrative body and reports to the House, whether the delegated powers has been exercised properly and efficiently within the limits provided under the Constitution.
The following principles which are noteworthy are-
- The committee shall focus upon that the delegated legislation does not overlap upon the limits set by the existing law in the Constitution and also conforms to the principle of natural justice. The committee shall see that the Delegate does not Sub-delegates his powers until and unless there is an express authorization to that effect in the main or parent Law.
- The committee should also checks that whenever the discretionary power is vested with the delegates there should not be any type of abuse of the rules conferred.
The direct modes of general control over delegated legislation by the Parliament are-
Through debates on the Acts which contain delegation, by passing questions and notices as, any of the members can be ask any aspect of delegation of Legislative powers, also through moving resolutions in the Houses for the maintainability of the particular legislation framed by the delegates, through vote on grant.
- JUDICIAL CONTROL OVER DELEGATED LEGISLATION:
“No rule, order, regulation or notification can contravene and violate any of the Constitutional Limitations” i.e. the rule making power must be Subject to the provisions of the Constitution.
Subject to the permitted wide limits of the delegation, and the validity of the statute, the delegated legislation may be criticized on amongst the following grounds-
I] Ultra Vires Rules-
The scope of the rule making power cannot be extended by the rule making authority rather they should be intra vires the objects, purposes and the policy of the enactment. They must not falsify the legislative intendment and should not cross scope of the statute. They must not be inconsistent with the provisions and must follow the guidelines laid down by the legislature and should not violate the scope and its purpose.
II] Excessive Delegation-
With the prior statutory authority, the legislature delegates its essential legislative powers, which goes beyond the limits of the permissible legislation of the delegated power which are severe or offending in its pristine provision, must be struck down as unconstitutional, and by that effect the subordinate delegation or the administrative proceedings will get failed.
III] Procedural Irregularities-
The purpose for which the provision is made also its nature of legislation and there proper intention and the degree of inconvenience and the injustice to the persons and the relation of the particular provision have all to be taken into account in arriving at the conclusion whether the specific provision is mandatory or not.
This article is written by
Shikhar Shrivastava of
Indore Institute of Law
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