Topic 2 Delegated Legislation Delegated Legislation caved asin 2008 Seeerase note ans fe A 961 56202 nan of ida, IR 1978 $0714 ‘Daum oting, AF 1982 SC 1288 Inve otis aah ara v 2 Darshan a eva Delegated Legiistion, also known S sutordinate OT saptateure execute secondary legislation, refers to the prozess where legislate powers ‘ae passed trom the prmary legislature (ie Patlament) to another body or authoriy typlally the executive branch, to create laws and regulations within the, Framewerk st by the primary legislation It allows for more detailed and flexible laws to be create, ftan to address specific cicumstances or issues, without the aged for new primary lgisiation. Delegated legislation is subjct to judicial review to ensure it remaing within the scope of the parent Act and complies with constitutional, pings suchas egaliy reasonableness, and procedural faimmess eceay tr Ont Legation 1) Pact ra at Kaeo up wih quant and uty laws required for a modem state, a 2) Los tenes Yo ea ed pl an we 3) talons for quick adjustments and experimentation without waiting for pariamentary sessions. 26 Tope 2: Delegated Logistaton 14, essontial or emergencies when legislative econ is urgent needed 5) Aimiisaive remaking provides Hexilty when government {cfonsrequte dscreton. kinds of Delegated Legislation |) executive Legilation: The government creates rules ard Pretatons based on author granted by the legislature. For ettoe he Minis of Finance may sve ules about taxes. 2) Subordinate Legislation : Local autores or bodies make laws Surorstc regions of needs, ike municpal rules on taxes or buiding codes. egulation-making Power :Administatve agencies make rules 9 emetic sectors, ike SEBIS regulations forthe secuttes marke. Emergency Legislation : During crises, the President can deciare » Emergencies, allowing the government to issue urgent orders or ranances. These need Patlaments approval ae. 5) Statutory Orders: Auhorized bodies issue detailed instructions to implement existing laws, tke AB's guidelines for barks 6) Bylaws and Rules: Satutory bodes creat regulations for specie seas or profession, such as Medical Counc of Inia sets rules for medica professionals. 7) Exceptional Delegation = Grants extensive powers to aciminsvaive agencies, sometimes alowng tem 10 amend oF Tepeal laws. Tis type of delegation must be within constitutional limits and not over broad 8) Sub-delegated Legislation: it occurs when rule-making authorty futher delegates is powers fo sll or subocinate bodies. The Principle of "Delegatus Non Potest Delegare” states thal a elegate cannot further delegate its powers, Unless authorized by the enabling Act. Sub-delegaon should not be overly broad and shoud martin some lave a cantelby the delegating authori hese deren ype ol delegates agiaon prove texby in g2verance but must be exercised wihin the Bounds of legal princes and consituonal author ee‘aminisatve Law (Photocopy & Online Sharing Not lowed) Control of Delegated Legislat CeReserved wih Asim Yerdai Case tnohed as 1 APM. Commits, AIR 1878 SC Seta APM Gar inca Coe. of te OY of Rat bac os. A 18880 1818 ar eee eras Sat Hayne AR 1272 149 Alas Che ae onan, Pana hamntaten Commitee, AR ‘ouesoste The contol of delegate stables to esi te gat, fava mace by aomnisratve bodes Un them by he ogistaure 4) Parliamentary Control: Laying Provision The laying provision Isa Key mechanism for palmentary control over celagateslegitaton. I regures that catain types of dlagates gator suc as rules eguabons, and notifications, be aid beore etament or the raspecive state lagclaur Tor @ specie’ peros belo ty can come moore ‘Types of Laying Provision 2) Atfirmative Laying + Delegated legisiaton subject to afrmaive | laying requires explct approval by Parllament or the legislature belore can become law. This process ensures drect parliamentary scrutiny and debate on the proposed regulations. Negative Laying : Delegated legislation subject to negative laying | comes into force immediately but Is subject to annulment by Pariament or the legislature within a specified period. This alows for expedited implementation while stil providing an avenue for patiamentary oversight. Patiamentary committees, such Jslation involves various mechanisms nsituionalty, and accountability of der the authority delegated to » committees examine the rules, regulatoy ‘executive authorities to ensure they are ‘Acts and meet legislative intent. Tope 2: Delepates Leisiaton scrutiny enhances transparency and accountabilty in the legislaive process. 2), Procedural Control: Publication and Consultation 2) Publication Requirement : Delegated legsaion in India is fyptcaly required to be publshed in ofc gazetes or other designated platforms such as newspapers {0 ensure accessbiy and. transparency. This publoation requirement ensures, hat ‘tected pares are aware of her rights and obligations Under the faw ) Consultation Mechanisms Increasingly, thee is an emphasis on involving stakeholders and the publo in the process. of making Gelegated legislation. Government agencies often publsh cat fules and regulations for publ Teedback before fnasing them. ‘This consltaive approach enhances the quay of regulatons by incorporating dverse perspectives and” addressing potoial Concerns early in the process ¢) Transparency and Accountability ; By publshing proposed regulations and seeking publ Input, government agencies demonstrate transparency and accountabilty in their decision- ‘making processes, This fosers ust in the regulatory framework and helps ensue that delogated legislation retects the needs and intarests ofthe affected stakeholders, 3) Judicial Controt 8) Ultra Vires Doctrine : The doctine of ulva vies is central to Jusicial contol over delegated legisiation in india, It holds that