DELEGATED LEGISLATION- laws made by the executive under the powers delegated to

it by the legislature.
It can be new legislation or rule to an existing legislation.
SALMONDS THEORY OF SUPREME AND SUBORDINATE LEGISLATION
ARTICLE 123 OF INDIAN CONSTITUION.- Power of president to declare ordinance.

REASONS FOR DELEGATED

Parliament time is precious.
Technicalities for sufficient personnel to have knowledge on technicalities.
FLEXIBILITY- HENRY VIII CLAUSE gives power to administration to make or amend
laws.
EXPERIMENTATION- can be done by executive but not legislature.
EMERGENCY-
COMPLEXITY OF MODERN ADMINISTRATION
LOCAL REQUIREMENTS
CONFIDITIALITY
UNFORSEEN CONTINGENCIES
SPEEDINESS
PUBLIC INTEREST
ACTIONS INVOLVING DISCRITIONARY

CLASSIFICATIONS
1. Title base (rules, regulation, ordinance etc delegated)
2. Discretion based(contingent or conditions)
3. Purpose based (timing of implementation, on whom , which place, which people these
section or laws are applicable by executive)
4. Authority based (senior executive further delegating to sub executive)
5. Nature based (execptional cases)
TYPES
NORMAL- positive (if legislative gives clear direction or clear;y defined to make
delegations)
and negative (restricts to make laws on taxation, amending parliamentary laws , cosntituion
etc)
EXCEPTIONAL DELEGATION – Exceptional conditions-
- To magistrate on matters of principle or impose taxation
- Power to amend parliament
- Power conferring discretionary power on parliament
- Parliament forbidding judicial control

HENRY VIII CLAUSE (16TH CENTURY) – lot of criticism also faced.

Impersonation of executive autocracy
FINALITY CLAUSE OR EXCEUTION CLAUSE
Executive can make rules and regulations that cannot be questioned by court of law.

ADVANTAGES AND DISADVANTAGES

FUNCTION THAT CANNOT BE DELEGATED
- Cannot make any amendments in indian cosntituion
- Cannot make ny amendment on parliamentary laws
- Cannot impose any tax.

SUB DELEGATION
Section 2 and 81 of defense of india act
TYPES- Central talkies v DWARKA PRASAD – STATUES THAT ALLOW SUB
DELEGATION.
STATUTES NOT AUTHORIZING SUB DELEGATION – STATES V BARENO
CASE LAWS

QUEEN V BURAH
EMPRESS V BURAH AND BOOK SINGH – 21st March , 1877
GARO HILLS ACT passed by legislature, extended by governor of Bengal to Jinita Naga
and Khasi Hills by notification.
Burrah arrested for murder and got death sentence , and he requested saying it was ultra vires
SC- Held that extending an application to an existing law and new are of territory and
therefore valid.- LANDMARK CASE

Re- Delhi Laws Act case:

Bible case for delegated legislation
PART A/B/C STATES
Sec 7 of DELHI LAWS ACT, 1912 – MODIFICATIO OK
Sec 2 of AJMER-MERWARA ACT, 1947 - MODIFICATION OK
SEC 2 OF PART I OF PART C LAWS ACT, 1950- MODIFICATION OK
SECTION 2 OF PART II OF PART C LAWS ACT, 1950 - REPEALING AN EXISTING
LAW – NOT OK

SUPREME COURT JUDGEMENT

It legitimized delegation of legislative power by legislature to administrative organs but
executive cannot repeal a law or make amendment to a few important laws that are made by
parliament.

CONSTITUTIONAL LIMIT OF DELEGATED LEGISLATION:

PANDIT BANARASI DAS BAHANOT V STATE OF MADHYA PRADESH:
- Not uncosntituional for the legislature to have it to executive to determine details
relating to working of taxation laws.
HARISHANKAR BAGLA V STATE OF MADHYA PRADESH- 1954
Enacted Supplies act, 1946
State of MP enacted cotton textile order under above act stating requirement of permit on
any transport of clothes.
KISHAN PRAKASH SHARMA V UNION OF INDIA (2001)
SC laid test of constitutional limit of delegate legislation.

CONTROL AND SAFEGUARD OF DELEGATED LEGISLATION OR DOCTRINE OF

ULTRA VIRES
Ultra vires controlled by judicial , legislative and other controls.

JUDICIAL CONTROL: SUBSTANTIVE AND PROCEDURE ULTRAVIRES.- not beyond

the scope of judicial review.
Circumstance where SC can control the delegated legislation – substantive
Procedural – if fails to follow parent law procedure requirement.
Avoid: publication and consultation – general and specific parties consult it with them.

LEGISLATIVE CONTROL:
Legislative controls or supervise the legislation to be delegated.
- Laying on table (before legislation) – to the extent that legislation can interefere.
What is allowed , not allowed, procedure to be followed etc.
- SCRUTINY COMMITTEES- LOK SABHA AND RAJYA SABHA COMMITTEE
(After making)
Committee ask administrative to respect the legislature/ parliament, the constitution,
parent act, general law.

OTHER CONTROLS
IMPORTANT CASE LAWS: FOR CONTROL AND SAFEGUARDING
NARENDRA KUMAR V UNION OF INDIA: Though the parent act is cosntituional, the
delegated act can be challenged unconstitutional.
MANEKA GANDHI V UNION OF INDIA: (PASSPORT CASE): When power is vested
with high authority like central government abuse of power cannot be assumed.
SHIV DEV SINGH V STATE OF PUNJAB: Rules by state government of Punjab tenancy
and agricultural land acts were mala fide and arbitrary.