Delegated legislation

Delegated legislation is one of the most controversial questions in legal theory because of its numerous implications; the acclaimed four pillars of Indian democracy are the legislative, the judiciary, the Executive, and the press. The constitution gives these pillars the authority not to interfere in the affairs of others.

According to the Constitution, the legislative body has legislative powers, while the executive branch can carry out implementation of legislation. Similarly, the judiciary has the authority to settle disputes and administer justice. This paper will cover the history, implication, types, and overall concept of delegated legislation under the Indian constitution in administrative law.

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Concept of Delegated legislation in Administrative Law

Globally, delegated legislation is accepted in several countries. If a country’s constitution is silent on the definite limit of delegated legislation, it is up to the courts to determine. In this context, there is a distinct silence on the constitutions of countries such as the United States, India, Australia,  Canada, and South Africa.

In the Indian context, the constitutionality of administrative regulation should be debated through distinct periods, ranging from the Privy Council to the current apex court, the Supreme Court of India.

The Supreme Court of India established legal norms on various judgments that currently serve as a guideline for any delegation to fall into being either constitutional or unconstitutional by nature. The implications are taken from the Supreme Court’s decisions, such as,

• In the Indian Oil Corporation v. Municipal Corporation, Jullundhar, the court determined that any delegated law shall be compatible with the parent act. Thus it should not violate any legislative policies of such. To be more specific, the court hinted that a delegate is not expected to have more legislative authority than any other delegate
• The legislature cannot delegate the basic legislative tasks, including establishing the policy to manage a certain act. The same sentence might be applied differently, suggesting that delegation of non-essentials is impossible, no matter how important they are
• After much deliberation, discussion, and thought, the courts have decided to accept any differing declaration as a suitable policy for the Act in question, which will be required for determining the grounds of constitutionality
• The Supreme Court stated clearly that the motivation for delegated legislation is not a good basis for determining the authority’s competence. Rather, the court would consider the relevance and significance of the context and background in which the rule-making power was exercised

Indian Delegated legislation meaning

Black’s Law Dictionary defines delegation as ‘the act of entrusting a person with power or empowering him to perform on behalf of the person who has provided him that power or to serve as his agent or representative.” The term ‘delegated legislation’ refers to the exercise of legislative power by an individual who is lower in status than the legislature or is subordinate towards the legislature. Delegated legislation, also known as auxiliary legislation, is an act made by someone or something other than Parliament.

According to the Act of Parliament, Parliament can give power to another person or body to enact legislation. An Act of Parliament establishes the system of a single or particular law and usually includes a description of the Act’s aim. By delegating legislation from Parliament to the Executive or other subordinate, different people or organizations are empowered to incorporate more specifics into a Parliamentary Act. Subordinate legislation comes from any power other than the sovereign power, stated by Sir John Salmond.

History of Delegated legislation

The historical context of power delegation is linked back to the Charter Act of 1833 when the East India Company began reclaiming political influence in India. The Charter Act of 1833 placed administrative powers solely in the hands of the Governor-General-in-Council, an official body. He had the authority to enact laws and guidelines for cancelling, correcting, or altering any laws or guidelines that applied to all individuals, regardless of country. The Government of India Act, 1935, was passed in 1935, including a serious delegation scheme. The Committee of Ministers’ Powers report was submitted and confirmed, which settled the case for force assignment and appointment of enactment, which was considered necessary in India.

The Indian Constitution contains almost 400 Articles, and it is not surprising that the constitution’s authors included a remedy for it. But why were these provisions included in the constitution? This is due to the tendency of politicians in the Constituent Assembly to multiply legislative formulations. Compared to other major constitutional concerns that were bypassed by the Assembly and were left to future consensus or judicial interpretation, these topics were of modest significance on which legal formulation was made.

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Conclusion

Delegated or subordinate legislation refers to rules of law enacted under the authority of an Act of Parliament. Even though the lawmaking body has the authority to make laws, it can delegate such authority to other entities or individuals by a resolution. The Enabling Act is the resolution that delegated such authority. The council establishes broad regulations through the Enabling Act, and the delegated authority establishes nitty-gritty principles.

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