DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

Session: 2022-2027

ADMINISTRATION LAW

MEANING , NATURE, KIND

AND

GROWTH OF DELEGATED LEGISLATION

Submitted To:

Dr. Rajneesh Yadav, Associate professor(law)

Dr. Ram Manohar Lohiya National Law University, Lucknow.

Submitted By:

Samarth Pratap Singh 220101089

B.A. LL.B. (Hons.) Vth Semester, Section-A
 ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me during the
making of this project. Words are inadequate in offering my deep sense of gratitude to my
Professor for his precious guidance.
With his enthusiasm, his inspiration and his great efforts to explain things clearly and simply,
he helped throughout my analysis of work with lots of encouragement, sound advice, and good
innovation. I would also like to thank the librarians of Dr. Madhu Limaye Library who extended
their assistance to me by helping me out consult the relevant books. I know that despite my
best efforts some discrepancies might have crept in which I believe my humble Professor would
forgive.

Thanking You All.

 INTRODUCTION

Due to its many ramifications, delegated legislation is one of the most contentious topics in
legal theory. The renowned four pillars of Indian democracy are the legislative, the executive
branch, the judiciary, and the press. The constitution gives these pillars the authority to refrain
from meddling in other people's affairs. According to the Constitution, the Executive has the
authority to carry out laws, while the Legislative has the authority to enact laws. In a same vein,
the judiciary has the authority to administer justice and settle disputes. But we have to keep in
mind that there are multifarious functions that have to be performed by the Legislature in
welfare states and it is not an easy task for the legislature to look after every matter.

The legislatures are unable to find enough time to enact laws on every little detail, despite the
fact that legislative activity is expanding. They have restricted their focus to policy issues and
given the Executive broad authority to enact regulations in order to fulfil the goals of the
Legislature. We think of the delegated legislation system in these kinds of situations. As a
result, delegation is required and is defended on the basis of speed, flexibility, and adaptability.
This delegation is sometimes referred to as "subordinate legislation" or "secondary legislation."
The "Parent Act" or "Enabling Statute" is the law that grants the executive branch the authority
to enact laws. The standard of rule of the majority has made authoritative controls inadequate.
The term delegated legislation is hard to characterize.
 MEANING OF DELEGATED LEGISLATION

Black's Law Dictionary defines "delegation" as giving someone the authority or authority to
act as the person's agent or representative or on behalf of the person who has granted them such
authority. "Delegated legislation" refers to the use of legislative authority by a representative
who is either lower in the parliamentary hierarchy or subservient to it. An act passed by a person
or organisation other than Parliament is known as delegated legislation, sometimes referred to
as supplementary legislation. Parliament may authorise another person or entity to enact laws
through an Act of Parliament.
An Act of Parliament creates the framework for a particular law and typically includes a
description of the Act's goals. It gives various individuals or organisations the authority to add
further specifics to an Act of Parliament by giving the Executive or any subordinate authority
over the law passed by Parliament. Accordingly, Parliament grants others the authority to adopt
laws and regulations through delegated legislation through important enactments (such as an
Act of Parliament). The authorised person's enactment must be made for the purpose specified
in the Act of Parliament.
"Subordinate legislation is that which proceeds from any authority other than the sovereign
power," according to Sir John Salmond. Additionally, Justice P.B. Mukherjee noted that the
term "delegated legislation" embraced a wide range of ambiguities. He saw it as a provocation
to constitutional jurists, a cover for executors, and an excuse for the legislature. M.P. Jain
asserts that there are two meanings for this term: exercised by a lower-ranking agency or by a
subordinate agency that the legislature has designated. The Subordinate Authority created the
subsidiary rules in order to carry out the authority granted to it by the Legislature. Subordinate,
ancillary, administrative, and quasi-legislation are terms used to describe delegated legislation.
 HISTORY OF DELEGATED LEGISLATION IN INDIA

The Charter Act of 1833, when the East India Company was regaining political influence in
India, provides the historical context for the delegation of power. The Charter Act of 1833 gave
the Governor-General-in-Council, an official body, exclusive administrative authority. He had
the authority to enact laws and regulations that applied to everyone, regardless of nationality,
and to repeal, amend, or revoke existing laws and regulations. The Government of India Act
1935, which included a serious delegation scheme, was passed in 1935. The case for force
assignment and enactment appointment, which were considered unavoidable in India, was fully
resolved with the submission and confirmation of the Committee of Ministers' Powers report.
Nonetheless, our Constitution relied on the division of powers; a complete division of powers
was impractical, therefore it maintained the sanctity of the principle in a modern sense. The
assignment of forces is not prohibited under the Indian Constitution. However, in certain cases,
the official has made concessions to the administrative forces. For example, the Indian
Constitution places a strong emphasis on the president's administrative powers. During British
rule, when the debate over the issue in the West was at its height, the issue of legislation
delegation in India first arose. In independent India, the conflict of settling the problem of the
delegation of legislative power was prima facie to a conflict between the English and American
type of solution.
There are almost four hundred articles in the Indian Constitution, thus it was not shocking that
the authors included some solutions. However, why were these clauses added to the
Constitution? This is a result of the Constituent Assembly's lawmakers' propensity to create
several legislative formulations. In contrast to other more significant constitutional concerns
that the Assembly ignored and left to future agreement or court interpretation, these difficulties
were of little consequence when it came to the creation of laws. The Privy Council examined
the nature and scope of the Legislature's authority as well as the viability of its delegation in
the Queen v. Burah case. In this instance, the Privy Council ruled that the Councils of
Governor-General were the highest legislature, with a wide range of powers, and might
delegate some of those powers to provincial executors. The Privy Council approved the transfer
of legislative authority to the executive branch when the New Delhi Act of 1912 was passed.
 TYPE OF DELEGATED LEGISLATION

Delegated legislation means giving power or authority to someone lower than his rank to make
laws. So there can be many ways in which this excess of power can be given to subsidiary rank
people or an Executive. These types are as follows:

Orders in council: Queens and Privy Councils are two possible sources of this kind of delegated
law. The Parliament can enact laws without following the parliamentary process thanks to this
delegated legislation. Its primary function nowadays is to give European directives legal force.
When an order is issued under the Queen's or the Crown's privilege, the courts have the
authority to review it. However, because it is formed within the parameters set forth by the Act
of Parliament, a Parliamentary order may or may not be subject to judicial scrutiny. The
question of whether this legislation is identical to the executive legislative may come up in any
scenario. It is comparable to executive legislative, hence the answer to this question is yes.
These directives and executive legislation are nearly identical, with very few significant
differences. In this situation, the term "privy council meeting" may simply refer to a gathering
of a few privy council members, which would include the president, councils, clerk of privy
councils, and three or four ministers. This demonstrates that the Executive, acting under the
Council's authority, issued this directive.

Rules of the Supreme Court and the County Courts: By means of statutes, the Parliament grants
certain individuals or authorities the ability to enact laws for a certain purpose. But in England,
where a court has broad authority to enact laws, things are different. The Supreme Court's Rules
Committee and the County Courts have been given the responsibility of creating laws. There
is a benefit to giving the judicial branch extensive power over its procedural laws since it is
delegated to the body that is most knowledgeable about them. Procedures and costs are
determined by the County Courts' Rules Committee and are handled by the County Courts
themselves. Such rules are not subject to the control of Parliament. Verifies when these
regulations were in effect. It comes into force when the Lord Chancellors with the consent of
the Rules Committee of the Supreme Court.

Departmental or Executive instructions or regulations: Departmental or Executional

Instructions or Regulations are the consequence of the exercise of legislative authority that has
been directly transferred to the administration by a Board, Ministers, or Committee. The
administration or the designated individual may occasionally be granted extremely broad
authority. However, the judiciary rejects this broad legislative delegation since it makes it hard
for them to regulate administrative conduct. In the modern world, this delegated legislation is
widely used. These days, Parliament merely has the broad authority to enact laws; the
Administrator is granted the remaining authority.

Delegated legislation by law: It can be given in two ways, firstly, it can be given by laws of
autonomous bodies, e.g., Corporation and secondly, it can be given by-laws of a local authority.
 By-laws of autonomous bodies: These autonomous bodies have the authority to enact
bylaws on issues that impact them and other local residents. As public utility authority,
they can, for instance, enact regulations pertaining to water, light, etc. These authorities
are typically granted the authority to create regulations to govern their operations.
Judicial review is applicable to such bylaws. It can be reviewed to check that it must
not be ultra vires the Parent Statute. These autonomous bodies have the authority to
create their own rules. An association of employers is another example of an
autonomous body. Although the rules of these associations are referred to as voluntary,
they are actually fictitious because they have the same legal force and effect as those of
a professional association, industrial organisation, etc.
 By-laws of the local authority: Parliament has the authority to change the current local
body or create new ones. It gives such an organisation the authority to create its own
bylaws for certain uses. These authorities abuse their power for the sake of public safety
and health as well as for the sake of sound governance. These by-laws incur a penalty
on its breach.
 REASONS FOR THE GROWTH OF DELEGATED LEGISLATION

Many factors are responsible for the rapid growth of delegated legislation in today’s time.
Because of the radical change in the governance of a country from ‘police state’ to the ‘welfare
state’ the function and the need of delegated legislation have increased. These factors and
reasons for growth of delegated legislation can be seen as follows:

 Pressure upon time of Parliament: The range, scope, or horizon of state activity is
growing daily, and the Parliament finds it challenging to enact laws on every topic since
they have a lot of work to do and must enact laws on a variety of topics. The Parliament
doesn't have much time to enact laws in detail because it is so busy with political and
foreign policy matters. Therefore, it simply provides the general framework and norms
of the legislation, leaving the executive branch or some of its subordinates to fill in the
details while adhering to the relevant rules and regulations. It seems as though they
have just provided the skeleton, and in order to bring it to life, the subordinate must
give it flesh and blood. According to the Committee on Ministers' Power, the parliament
cannot enact the kind of laws that the public of today wants or the kind of rules and
regulations that people need to live happy lives if it is unwilling to give the subordinate
the authority to make laws.
 Technicality in the matters: Things have gotten increasingly convoluted, complex, and
technical as humanity has advanced. Therefore, the legislature needs a subject-matter
expert who is well-versed in every aspect of the issue in order to comprehend the
technicalities of each and every topic. It has been noted over the years that some
legislators are exclusively knowledgeable in politics, while others may be
knowledgeable about one or two other subjects. As a result, once the parliament has
framed policies on a given subject, the government department or any individual who
is knowledgeable about the subject's specifics is given the authority to establish the
specifics.
 Flexibility: Parliamentary amendments are highly sluggish and require a process to
produce any kind of law, but with the help of the executives, delegated legislation may
be made quickly. Examples of this include bank rates, import and export, foreign
exchange, police regulations, and more. Additionally, Parliament cannot predict every
scenario when passing legislation, so in order to do so, the executives are given more
 job. Therefore, in order for the lower body to function more smoothly and effectively,
it must be given labour.
 Emergency: One should be able to respond to any kind of emergency promptly and
without hesitation. The legislative body lacks the expertise necessary to offer a prompt
resolution to an emergency. The only method to address the circumstance is through
delegated legislation. As a result, an executive is granted broad authority to handle
emergencies and war situations. The Emergency Power Act of 1920 and the Defence of
the Realm Act of 1914–15 are two instances of delegation in England during World
Wars I and II. Similar to this, prompt corrective action is required in the event of
inflation, flooding, an epidemic, an economic depression, etc.
 Experiment: The Executive can experiment thanks to the practice of delegated
legislation. Since every task is novel for the legislator, he must test whether the law is
functioning flawlessly. This strategy or approach facilitates the utilization of experience
and execution of the required changes in the application of the provision approved by
the Parliament. For instance, an experimental approach can be used to address traffic
issues on the road, and after it is implemented, the relevant rules can be changed. The
advantages of such a course is that it allows the delegated authority to consult the
interest of people at the ground level that what type of law is affecting them and then
he makes an experiment by altering the provisions.
 Complexity of modern administration: When it came to improving the lives of the
populace, modern administration used to take on more duties like managing their jobs,
health, education, and trade, among other things. As a result, the complexity of
contemporary government and the extension of state functions into the social and
economic spheres have made it possible to create new types of laws and grant broad
authority to different agencies at different times. Giving a government too much
authority to implement socioeconomic programs is crucial. In a nation like Bangladesh,
where it could be necessary to impose control over private property, business, or
commerce, the administration must cede too much power to carry out such a strategy.
 CRITICISM ON DELEGATED LEGISLATION

Following are the criticism of delegated legislation:

 Delegated legislation results in overlapping of functioning as the delegated authorities
get work to amend the legislation that is the function of the legislators.
 It has been a matter of question that if the Legislature control has come down after the
arrival of the delegated legislation.
 Unelected people cannot make much delegated legislation as it would be against the
spirit of democracy.
 After getting too much power from the Legislature, the Executive has encroached upon
the domain of legislature by making rules and regulations.
 The enactment subject that was appointed to less Parliamentary scrutiny than essential
enactment. Parliament, along these lines, has an absence of authority over appointed
enactment, and this can prompt irregularities in laws. Appointed enactment, in this way,
can possibly be utilized in manners which Parliament had not foreseen when it was
given the power through the Act of Parliament.
 Delegated legislation makes laws without much discussion. So, it may or may not be
better for the public.
 Designated legislation by and large experiences an absence of exposure. Since the law
made by a statutory authority not informed to general society. Then again, the laws of
the Parliament are generally broadcasted. The purpose of the absence of exposure is the
enormous degree of enactment that is being assigned. There has likewise been concern
communicated that an excess of law is made through appointed enactment.
 It can possibly be misused for political gain. The executive makes law according to
what the political parties. Hence, it results in the misuse of the legislation made by the
Executive by the ruling party.
 Executives become too powerful as it already has the power of executing any laws and
legislation and now the Legislature is delegating its legislative power to the Executive.
So, both the power are in the hands of the executives now he can use this power in
whatever way he wants to use it.
 It is against the theory of the power of separation which has been given by the famous
political thinker Montesquieu.
 CONCLUSION

Delegated or subordinate legislation means rules of law enacted under the skilled person of the
Act of Parliament. Even while the law making body has the authority to make laws, it may, by
resolution, assign such authority to other organisations or individuals. The Enabling Act is the
resolution that grants such authority. The council establishes broad guidelines through the
Enabling Act, while the designated authority establishes specific guidelines.
It is crucial to strengthen the role of the Parliament's advisory groups and pass a separate law,
such as the Statutory Instruments Act, that allows for uniform standards of laying and
production if Parliament's control over delegated legislation in India is to be made a living
continuity. A particular authority body may strengthen the board of trustees in order to increase
the success of the assigned enactment's watchfulness. In addition to the many actions already
indicated, steps should be taken to strengthen Parliament's authority over designated
enactments.
The tenets and criteria set by the Legal Executive should be connected by the demands of the
advanced age. The legal pattern observed in regard to assigned enactment is in accordance with
the goal of establishing fathers of our Constitution, whose primary concern was the flexibility
of the Constitution with changing needs of time, even though the Indian Constitution does not
specifically provide for the appointment of authoritative power. If you want to make certain
that the authority of delegated law in the arms of the government is not misuse, it is important
to implement powerful forms of control as applicable in the USA which India has now not
merged yet.