Module 2: Delegated Legislation

Introduction
Conventionally, the function of the executive is administering the law enacted by legislature and in ideal state
the legislative power must be exclusively dealt by the legislature.
However, due to emergence of concept of welfare state, this does not hold true. Keeping the exigencies of
modern govt. in view, Parliament and state legislatures have to delegate the power in order to deal with
multiple problems prevailing in India, as it is impossible to expect them to come with complete and
comprehensive legislation on all subjects sought to be legislated on.
Meaning
When the function of legislation is entrusted to organs, other than the legislature by the legislature itself, the
legislation made by such organs is called delegated legislation.
Delegated Legislation (subordinate legislation) refers to all law - making which takes place outside the
legislature and is generally expressed as rules, regulations, bye-laws, orders, schemes, directions, or
notifications etc.
In the Indian Constitution, rule-making power or quasi legislative action is not so expressly vested in the
legislature, yet combined effect of Articles 107 to 111 and 196 to 201 is that the law - making power can be
exercised for the Union by Parliament and for the States by the respective Legislatures.
A Delegated legislation is a clause in law made by an executive authority under powers given to them by
primary legislation in order to implement and administer the requirements of that primary legislation.
Delegated legislation allows the Government to make changes to a law without needing to push through a
completely new Act of Parliament. Delegated Legislation is law made by a body other than Parliament.
E.g. In India, between 1973 and 1977, Parliament enacted about 302 statues, but total number of statutory
rules and orders reached more than 25,414.
Definition
Prof. Wade and Phillips- In their Book on “Constitutional Law” observed: “The mass of details involved in
the modern administration and the extension of the functions of the State to the economic and social sphere
have rendered it essential for the Parliament to delegate to the Ministers the power to make statutory
instruments.”
Justice Mukherjea, J- “Delegated legislation is an expression which covers a multitude of confusion. It is an
excuse for the legislators, a shield for the administrators and a provocation to the constitutional jurists.”
Salmond- “Legislation is either supreme or subordinate. Whereas the former proceeds from sovereign or super
power, the latter flows from any authority other than the sovereign power, and, is, therefore, dependent for its
existence and continuance on superior or supreme authority.”
Sir Cecil Carr- “Delegated legislation is growing child called upon to relieve the parent of the strain of
overwork and capable of attending to minor matters, while the parent manages main business.”
Halsbury’s Laws of England- “When an instrument of legislative nature is made by an authority in exercise
of power delegated or conferred by the legislature it is called Subordinate legislation”.
Jain and Jain- The term “delegated legislation” is used in two senses:
 exercise by a subordinate agency of the legislative power delegated to it by the legislature, or
  the subsidiary rules themselves which are made by the subordinate authority in pursuance of the power
conferred on it by the legislature
For example:
1. The Minimum Wages Act,1948-
It is to provide for fixing minimum wages in certain employments.

2. The Essential Commodities Act, 1955-

The Act empowers the central government to designate certain commodities (such as food items,
fertilizers, and petroleum products) as essential commodities.
The Essential Commodities (Amendment) Ordinance, 2020 was promulgated on June 5, 2020. The
Ordinance provides that the central government may regulate the supply of certain food items including
cereals, pulses, potato, onions, edible oilseeds, and oils, only under extraordinary circumstances. These
include: (i) war, (ii) famine, (iii) extraordinary price rise and (iv) natural calamity of grave nature.

3. The Payment of Bonus Act, 1965-

Empowers the Central Government to exempt any establishment or a class of establishments from
operation of the Act, having regard to the financial position and other relevant considerations.

4. The Defence of India Act,1962-

Authorized the Central Government to make such rules as appear to it to be necessary or expedient for
the defence of India and maintenance of public order and safety.

5. The Income Tax Act, 1961-

Empowers the Board to make rules for carrying out the purposes of this Act and for the ascertainment
and determination of any class of income.

Growth and development of Delegated Legislation

Ever since statutes came to be enacted by Parliament, there has been delegation of legislative function.
In 15th and 16th centuries, there was frequent use of Henry VIII Clause. (Heward– “The New Despotism”)
Statutes of Sewers of 1531 empowered Commissioners to make, remake, repeal and amend laws, to pass
decree and levy cess. Thus, the commissioners used to exercise all three powers at a time.
Mutiny Act 1717 conferred on Crown, power to legislate for the Army without the aid of Parliament.
In the 19th century delegated legislation became more common and considerably increased due to social and
economic reforms.
World War-I (I914 – 1918) gave rise to the need of conferring of wide powers upon the administration for the
control and regulation of dangerous drugs, free arms, official secret, etc. The trade and commerce and public
safety also attracted governmental interference.
Another emergency arose due to the financial crisis of 1930′s (“The Great Depression” and the remedy was
again administrative legislation).
The World War -II with all its evils was another crisis which necessitated the giving of the wide powers to the
administration for various purposes, e.g., food supplies, war supplies, etc. A number of important rules and
regulations were framed to deal with diverse problems in a speedy and effective manner.
The two World Wars and the enormous scientific and tech nological progress together with the industrial and
social progress showed the fallacy(idea) of “Laissez Faire” and the concept of “Social Welfare State” became
firmly entrenched.
In the 20th century, to deal with this increased work of a different nature, there is a consensus of opinion that
delegated legislation is the product of the changed conditions of the society and it is to fulfill the needs of a
modern progressing society.

Status of Delegated Legislation

Pre- Independence
Case Law: Queen v. Burah [1878 3 AC 889]-
The Act under consideration was the Act XXII of 1869 Act of the Council of the Governor-General. It removed
Garo hills from the civil and criminal jurisdiction of Bengal and placed its administration under an officer
appointed by the Lt. Governor. Section 9 of the Act, authorized the Lt. Governor, to extend the provisions of
the Act, to Khasi and Jantia Hills, with incidental changes. Burah was tried for murder by the Commissioner
of Khasi and Jaintia Hills and was subsequently sentenced.
Calcutta HC, relying on the doctrine of ‘delegates non potest delegare,’ held that the Indian Legislature, itself
being a delegate of the imperial Parliament, could not further sub-delegate its power under Section 9.
On appeal, Privy Council reversed the judgment of the Calcutta HC. It held that the Council of the Governor-
General was a supreme legislature with plenary powers and entitled to transfer certain powers to the Provincial
Executive. Laws passed by the subordinate executive authority on the basis of such transfer of power were
held to be valid.
It is, however, characteristic that delegated legislation was carefully termed conditional legislation by the
Privy Council.
So the PC accepted transfer of legislative power to the executive, though it was not called delegation in strict
sense.
Post- Independence
Case Law: Jatindra Nath v. Province of Bihar [(1949) 2 FCR 595]-
In this case, the provincial government was authorized to extend the applicability of The Bihar Maintenances
of Public Order Act, 1948 for one year, under Section 1(3) of the Act. The extension could be made with such
modifications as it may deem fit. This was challenged on the grounds of excessive delegation.
The Federal Court held that the delegation of power of extension with modification is ultra vires the Bihar
Provincial Legislature as it is an essential legislative function. A dissenting opinion was delivered by J.Faizal
Ali, wherein, he held that the delegation of power of extension was constitutional as it only amounted to
continuation of the Act.
Post Constitution
Case Law: In re Delhi Laws Act Case-
This was a Presidential reference under Article 143 of the Constitution. Constitutional validity of 3 laws –
Section 7 the Delhi Laws Act, 1912, Section 2 of the Ajmer Merwara (Extension of Laws) Act, 1947, and
Section 2 of the Part C States (Laws) Act, 1950 were in question.
Section 7, Delhi Laws Act, empowered the Provincial Government to extend to the Province of Delhi, any
law in force in any part of British India, with such restrictions and modifications as it deemed fit.
Section 2, Extension of Laws Act, empowered the Central government to extend to the Province of Ajmer-
Mewar, any law in force in any other province, with such restrictions and modifications as it deemed fit.
Under Section 2 of the Part C States Act, the Central government was provided a similar power as in the above
two instances. However, additional power to repeal or amend any corresponding law which was applicable to
Part ‘C’ States was also delegated.
The two opposing contentions of the counsel were that on the one hand, the power of delegation comes along
with the power of legislation and the same does not result in abdication of the powers, and on the other, the
view that there exists separation of powers in the country and India follows delegatus non potest delegare.
Though, each of the seven participating judges delivered separate opinions, on two points there was unity of
outlook amongst all.
Firstly, that delegation of legislative power by the legislature to the administrative organs was necessary &
legitimate and
Secondly, that there was a need to impose an outer limit on delegation by the legislature. The disagreement
between the judges was on the question of permissible limits of delegation. The judges repeatedly emphasized
that in India, the theory of separation of powers does not operate in the area of legislative-executive
relationship. None of the organs of the State can divest itself of the essential functions which belong to it under
the Constitution. This is based on the doctrine of Constitutional Trust.
Separation of power is not a part of Indian Constitution.
Indian parliament was never considered as an agent of anybody. Therefore, doctrine of delegatus non potest
delegare is not applicable.
Parliament completely cannot abdicate itself by creating a parallel authority- Only ancillary functions can be
delegated- There is a limitation on delegation of power. Legislature cannot delegate its essential functions.
Power to make modifications and alterations in an Act and to effect consequential amendments or changes in
an existing law can be done but with condition that essential functions can’t be delegated (although Kania C.J
and Mahajan J were of the opinion that only Legislature could have that power).
If modifications are done within the framework and does not change the identity or structure no objection
could be taken. Modification does not mean change of policy but it is confined to alterations which keeps the
policy intact and introduces changes appropriate to suit the local conditions.
Power to repeal a law remains with the Legislature- can’t delegate.
What were the permissible limits within which the Indian legislature could delegate its legislative powers?
One view propounded that the legislature can delegate to the extent to the limit it does not abdicate its own
power and have control over the delegate: that is it must retain in its hands the ultimate control over the
authority so as to be able to withdraw the delegation whenever delegate did something wrong.
Second view propounded that the legislature cannot delegate its essential functions which comprised the
formulation of policy etc. According to the opinion of Mukhrejea J – if the policy laid down in an Act is in
broad terms, the formulation of the details of the policy can generally to be passed to the executive.
Section 7 of the Delhi Laws Act, 1912 and Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947
were held to be valid. Section 2 of the Part C States (Laws) Act, 1950 was also held valid except that part of
the section which delegated the power of repeal and amend any existing law.
Impact of the case- This case legitimized delegated legislation and it imposed an outer limit on delegation by
the legislature.
Case Law: Gwalior Rayon Silk Manufacturing Co. v. Assistant Commissioner of Sales Tax (1974) 4 SCC 98-
Sec. 8(2)(b) of Central Sales Tax Act.1956 authorized levying of sales tax on interstate sales @ 10% or at the
rate applicable to sale or purchase of goods in that state whichever is higher. This was challenged as excessive
delegation on the grounds that no policy was laid down in the Parent Act.
The Act was upheld to be valid. J Khanna gave the “Standard Test” – when legislature confers powers on an
authority to make delegated legislation it must lay down policy, principle or standard for the guideline for the
authority concerned.
J Matthew gave the “Abdication Test” – As long as the legislature can repeal the Parent Act conferring power
on the delegate, the legislature does not abdicate its powers. The majority refused to accept this test.
After the decision of the In re Delhi Laws case, the primary issue in all the subsequent cases has been to
determine, whether the power delegated was an essential legislative function or not.
It includes inquiry into certain factors such as preamble of the statute, impugned provisions, subject matter of
law, and circumstantial background of enacting the law. Essential legislative power means laying down the
policy of the law and enacting it in a binding rule of conduct. Legal presumption as to constitutionality.

Kinds of Legislation
1. Supreme Legislation-
Salmond- An Act of Legislature proceeds from the supreme power of the State and has no rival in the field. It
also does not derive its authority from any other organ of the State.
Legislature can lay down the policy and purpose of legislation and leave it to the executive for working details
within the framework of the enactment.
2. Delegated Legislation or Subordinate Legislation
Salmond- Subordinate legislation is framed by the executive and owes its existence, continuance and validity
on superior or supreme authority, i.e. legislature. An executive body can make subordinate legislation only if
such power is conferred on it by a competent legislature. Again, a subordinate law-making body is bound by
the terms of its delegated or derive authority.

Reasons for growth of Delegated Legislation

1. Lack of time to the Parliament
The Committee on Ministers’ powers- “The truth is that if the Parliament were not willing to delegate law-
making power, Parliament would be unable to pass the kind and quality of legislation which modern public
opinion requires.”
2. Technicality of subjects
E.g. Atomic and nuclear energy, drugs, rocket technology, electricity, gas etc.
3. Flexibility (The Henry VIII Clause)
E.g. Bank-rate, Police-regulations, export- Import, foreign exchange, terrorist activities, share market etc.
4. Experiment
E.g. road-traffic matters, excise matters, film industry, share market etc.
5. Emergency situations
E.g. Art.352, 356 & 360, law & order, strike, lock-out, bandh, floods, inflation, epidemics etc.
 6. Complexity of modern administration
E.g. white collar crimes, cyber-crimes, terrorist activities etc.
7. Speediness
It is the merit of the DL. It does not require more time, voting, lengthy procedure, etc.

Classification of Delegated Legislation

 Title- based classification
 Discretion- based classification
 Purpose- based classification
 Authority- based classification
 Nature- based classification
Title Based Classification
Rules: A rule made in exercise of power conferred by any enactment and includes regulation made as a rule
under any enactment. (e.g. rules of High Courts & SC for practicing advocates)
Regulations: An instrument by which orders, decisions and acts of the government are made known to the
public. (e.g. Trade Associations etc.)
By-laws: The rules made by the semi-government authorities established under the Act or Statute. e.g. rules
made by local authority, statutory corporation etc.
Orders: It is applied to various forms of legislative and quasi-judicial decisions. The order may be general or
specific. (Govt. Orders)
Directions: It is used to refer the administrative rule making under the authority of the law or rules or orders
made thereunder.
Schemes: It is used to refer to a situation where the executive or administrative authority is authorised by the
Act or Statute to lay down a framework within which the concerned authority is to function. (pensions, grants
in aid, minority welfare etc.)
Discretion based classification (conditional legislation)
A discretion may be conferred on the executive to bring the Act into operation on fulfilment of certain
conditions.
E.g. Section 144 of the Criminal Procedure Code (CrPC) of 1973.
The orders to impose Section 144 have been conferred to Executive Magistrate when there is an emergency
situation.
Purpose based classification
Enabling Act: The Act empowers the Govt. to appoint a day for the Act to come into force. Thereby the
executive is authorised to determine the date of Govt. of the Act.
E.g. Sec.1(3) of the Protection of Civil Rights Act, 1955 etc.
(It shall come into force on such date as the Central Government may, by notification in the Official Gazette,
appoint)
Power to extend the scope of the Act: Sometimes the legislature which passes the Act declare that the Act will
apply only for particular period and empowers the executive to extend its life or duration.
E.g. The Minimum Wages Act, 1948.
Extension and Application of Act: E.g. Sec.36 of the Payment of Bonus Act, 1965 empowers the Govt. to
exempt or extend to any establishment from its operation having regard to the financial position.
Power to modify the Act: Sometimes it becomes necessary to enable the executive to meet the changing
circumstances to modify the Act or Statutes itself.
E.g. Sec. 620 - Power to modify Act in relation to Government companies.
The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this
Act (other than sections 618, 619 and 619A) specified in the notification: -
(a) shall not apply to any Government company; or
(b) shall apply to any Government company, only with such exceptions, modifications and adaptations, as
may be specified in the notification.
Power to remove difficulties (Henry VIII Clause): Sometimes the statute making the delegation empowers the
executive or the Govt. to modify the statute itself for removing the difficulty in putting the statute in operation.
Such type of legislation is also known as the “Henry VIII Clause”.
1. E.g. Article 372(2) of the Constitution
For the purpose of bringing the provisions of any law in force in the territory of India into accord with the
provisions of this Constitution, the President may by order make such adaptations and modifications of such
law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law
shall, as from such date as may be specified in the order, have effect subject to the adaptations and
modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
2. E.g. Sec.34(1) of the ATs Act,1985 reads thus:
 If any difficulty arises in giving effect to the provisions of this Act, the Central Government may,
by order published in the Official Gazette, make such provisions, not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.
 Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.

3. E.g. Section 34 in the Contract Labour (Regulation and Abolition) Act, 1970
Power to remove difficulties- “If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not inconsistent with the
provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.”
Power to make rules, etc. to carry out the purpose of the Act: E.g. Sec.30, Securities Contracts (Regulation)
Act, 1956.
The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying
into effect the objects of this Act. Sec. 133 of the Trade and Merchandise Marks Act, 1958 etc.
The Central Government may, by notification in the Official Gazette and subject to the condition of previous
publication, make rules to carry out the purposes of this Act.
Power to determine the issue as to whether or not conditions required to be fulfilled for operation of the Act,
have been fulfilled: E.g. Sec.79- the Customs Tariff Act, 1975- Power to levy tax or duty.
Authority based classification (sub-delegation)
A statute may also empower the executive to delegate further powers conferred on it to its subordinate
authority. This is known as “sub-delegation”.
Case Law: A.K. Roy v. State of Punjab (1986) 4 SCC 326)- In this case the power to initiate prosecution for
offences under Section 20(1) of the Food Adulteration Act, 1954 had been given to the State Government.
The Act had not authorised sub-delegation of power. Nevertheless, under the Rule 3 of the Prevention of Food
Adulteration (Punjab)Rules, 1958, the power of prosecution was delegated to the Food Inspector. The Court
held the sub-delegation as ultra vires the Parent Act.
Nature based classification
1. Normal delegation
 Positive – where limits of delegation are clearly defined in the enabling Act.
 Negative – where power delegated does not include power to do certain things, i.e. legislate on matters
of policy.
2. Exceptional delegation (also known as Henry VIII clause to indicate executive autocracy)
Instances of exceptional delegation may be:
 Power to legislate on matters of principle policy
 Power to amend Acts of Parliament of existing law
 Power conferring such a wide discretion that it is almost impossible to know limits
 Power to make rules without being challenged in a court of law
Exceptional delegation is also known as Henry VIII Clause to indicate executive autocracy. Henry VIII was
the King of England in the 16th century. He imposed his will through the instrumentality of Parliament, so he
is described as a despot under the forms of law. Under this clause, very wide powers were given to given
administrative agencies to make rules, including the power to amend and repeal.
Henry VIII Clause is found in the Constitution of India. u/A 372(2) of the Indian Constitution, the President
has been delegated the power to adapt, amend and repeal any law in force to bring it in line with the provisions
of the Constitution, and the exercise of the such power has been made immune from the scrutiny of courts.

Growth of Delegated Legislation

Delegated Legislation in England
Maitland: “We are becoming a much governed nation, governed by all manner of councils and boards and
officers, central and local, high and low, exercising the powers which have been committed to them by modern
statutes.”
The reasons for growth of delegated legislation in England are complexity, technicality, emergency and
expediency compelled Parliament to delegate its “legislative office” to the government.
Donoughmore Committee (The Committee on Minister’s Powers submitted its report in 1932 and observed
that-
“We doubt, whether the Parliament itself has fully realised how expensive the practice of delegated legislation
has become, or the extent to which it has surrendered its own functions in the process, or how easily the
practice might be abused.”
“The system of delegated legislation is both legitimate by permissible and constitutionally desirable for certain
purposes, within certain limits, and under certain safeguards.”
Delegated legislation in U.S.A.
 The doctrine of separation of powers (Montesquieu theory)
 “Delegatus non- potest delegare” (a delegate cannot further delegate his powers)
Case laws: Panama Refining Co. v. Ryan (1935) 293 U.S. 388 (Hot Oil Case)-
In this case Sec 9 of the National Industrial Recovery Act, 1933 authorised the President to prohibit
transportation in inter-state and foreign commerce, petroleum and the products thereof produced or withdrawn
from storage in excess of any State law or valid regulation. The President authorised the Secretary of the
Interior to exercise all powers u/s 9. Regulation V provided that every purchaser and shipper should submit
the details of the purchase and sale of petroleum.
Panama Refinery Company challenged Sec 9 of NIR Act, 1933 as unconstitutional delegation of legislative
powers. The Act laid down that the policy of the law is to encourage national industrial recovery and to foster
fair competition.
The US SC held the Act as unconstitutional on the ground that the adequacy of prescribed limits of delegation
of legislative power is not satisfied by laying down a vague standard of administrative action.
Hughes CJ, observed that an executive order must, in order to satisfy the constitutional requirement, show the
exercise of particular circumstances and conditions under which the making such an order has been authorized
by the Congress.
Delegated legislation in India
a. Pre - Constitution period
Case Law: R v. Burah (1878) 3 AC 889-
The Act under consideration was the Act XXII of 1869 Act of the Council of the Governor-General. It removed
Garo hills from the civil and criminal jurisdiction of Bengal and placed its administration under an officer
appointed by the Lt. Governor. Section 9 of the Act, authorized the Lt. Governor, to extend the provisions of
the Act, to Khasi and Jantia Hills, with incidental changes. Burah was tried for murder by the Commissioner
of Khasi and Jaintia Hills and was subsequently sentenced.
Calcutta HC, relying on the doctrine of ‘delegates non potest delegare,’ held that the Indian Legislature, itself
being a delegate of the imperial Parliament, could not further sub-delegate its power under Section 9.
On appeal, Privy Council reversed the judgment of the Calcutta HC. It held that the Council of the Governor-
General was a supreme legislature with plenary powers and entitled to transfer certain powers to the Provincial
Executive. Laws passed by the subordinate executive authority on the basis of such transfer of power were
held to be valid.
Privy Council held conditional legislation is valid.
Case Law: Jatindra Nath v. Province of Bihar [(1949) 2 FCR 595]-
In this case, the provincial government was authorized to extend the applicability of The Bihar Maintenances
of Public Order Act, 1948 for one year, under Section 1(3) of the Act. The extension could be made with such
modifications as it may deem fit. This was challenged on the grounds of excessive delegation.
The Federal Court held that the delegation of power of extension with modification is ultra vires the Bihar
Provincial Legislature as it is an essential legislative function. A dissenting opinion was delivered by J.Faizal
Ali, wherein, he held that the delegation of power of extension was constitutional as it only amounted to
continuation of the Act.
b. Post constitution period
Sec 7 of Delhi Laws Act, 1912 and Sec 2 of the Part – C States (Laws) Act, 1950.

Excessive Delegation
The essential and primary legislative functions must be performed by the legislature itself and they cannot be
delegated to the executive.
Essential legislative functions consist of determination of legislative policy and its formulation as a rule of
conduct.
The power has been delegated to the legislature by the Constitution.
Abdication (Abandonment of sovereignty)
Principles
The question whether there is excessive delegation or not, has to be examined in the light of three broad
principles:
a) Essential legislative functions to enact laws and to determine legislative policy cannot be delegated.
b) In the context of modern conditions and complexity of situations, the legislature has to delegate certain
functions provided it lays down legislative policy.
c) If the power is conferred on the executive in a manner which is lawful and permissible, the delegation
cannot be held to be excessive merely on the ground that the legislature could have made more detailed
provisions.
Test
A Statute challenged on the ground of excessive delegation must be subjected to two tests.
a) Whether it delegates essential legislative function, and
b) Whether the legislature has enunciated its policy and principle for the guidance of the executive.
Powers and duties of courts
Delegation of law making power is dynamo of modern Government. If legislative policy is enunciated by the
legislature and a standard has been laid down, the Court will not interfere with the discretion to delegate non
– essential functions to the executive.

Constitutional limits over delegated legislation in India

Permissible delegation (Functions which may be delegated)
Commencement-
 Sec.1(3) of the Consumer Act, 1986 provides that the Act shall come into force on such date as the
central government may by notification appoint. It is only the duty of delegated authority to take
necessary publication, notification etc. of such Act in the Official Gazette.
 The Legal Services Act, 1987 was brought into force only in 1997.
 Sir Cecil Carr: “The Legislature provides the gun and prescribe the target, but leaves to the executive
the task of pressing the trigger.”
Supplying details-
Sec 3 of the All India Services Act,1951 authorises the Central Government to make rules to regulate
conditions of service in the All India Services.
Inclusion-
 The Minimum Wages Act, 1948.
 The Essential Commodities Act, 1955.
Exclusion-
 Payment of Bonus Act, 1965 (Sec.36)
Suspension-
The Tea Act, 1953 (Sec. 48(1) empowers the Central Govt. to suspend the operation of all or any of the
provisions the Act under certain circumstances.
Application of existing laws-
 The Income Tax Act, 1961
Modification-
Under the powers conferred by the Delhi Laws Act, 1912 the Central Government extended the application
of the Bombay Agricultural Debtors’ Relief Act,1947 to Delhi.
While conferring a power on executive to modify a statute, two factors ought to be considered:
 The need and necessity of delegating such power.
 The danger or risk of misuse of such power by the executive.
Prescribed punishments-
 Subject to a maximum punishment prescribed by Parent Act.
 3years or with fine Rs.1000 or with both.
 The Electricity Act, 1910 (Sec.37)
Framing of Rules (rules, regulations, etc.)-
Case Law: In Re Delhi Laws Act, 1950 (AIR 1951 SC 332)-
Issue involved was- Was section 7 of the Delhi Laws Act, 1912, or any of the provisions thereof and in what
particular or particulars or to what extent ultra vires the Legislature which passed the said Act?
Section 7 of the Delhi Laws Act, 1912, mentioned in the question runs as follows:
“The Provincial Government may, by notification in the official gazette, extend with such restrictions and
modifications as it thinks fit to the Province of Delhi or any part thereof, any enactment which is in force in
any part of British India at the date of such notification.”
Section 7 of the Delhi Laws Act enables the Government (executive) to extend by notification with such
restrictions and modifications as it thinks fit, to the Province of Delhi or any part thereof, any enactment which
is in force in any part of British India, at the date of such notification, i.e., a law which was in force not
necessarily in the Province of Punjab only, from which the Province of Delhi was carved out, but any Central
or provincial law in force in any Province.
The opinions delivered by the judges in the present case went on to shape the way the concept of delegation
was viewed in India. The Supreme Court took the following view and the 7 opinions were based on the same:
 “Separation of powers” is not a part of Indian Constitution.
 Indian parliament was never considered as an agent of anybody. Therefore, doctrine of delegates non
potest delegare is not applicable.
 Parliament cannot completely abdicate itself by creating a parallel authority.
 Only ancillary functions can be delegated.
 There is a limitation on delegation of power. Legislature cannot delegate its essential functions.
Essential functions involve laying down the policy of the law and enacting that policy into binding
rules of conduct.
Case Law: Advocates Apprentice Rules 1995 Case (AIR 1999 SC)
The BCI made a rule restraining the persons not to enrol their names whose age exceeded 45 years. The SC
quashed that the rule was violating Articles 14,19(1)(g) of the Constitution.
Removal of difficulties (Henry VIII Clause)-
The Administrative Tribunals Act, 1985- Sec 34(1)- If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the
difficulty.
Case Law: Jalan Trading Co. v. Mill Mazdoor Sabha (AIR 1967 SC 691)- Sec. 37 of the Payment of Bonus
Act,1965 authorised the Central Govt. to provide by order for removal of doubts or difficulties in giving effect
to the provisions of the Act.
The SC by a majority of 3:2 held Sec 37 ultra vires on the ground of excessive delegation and observed that
the Act authorised the Govt. to determine for itself what purposes of the Act are which in substance would
amount to exercise of legislative power that cannot be delegated.
Impermissible Delegation (Functions which may not be delegated)
Essential legislative functions- Legislative policy must be laid down by the legislature itself and by entrusting
this power to the executive, the legislature cannot create a parallel legislature.
Repeal of law- It is an essential legislative function of the legislature which cannot be delegated to the
executive.
Modifications- Power to modify in its important aspects is an essential legislative function and, therefore,
delegation of power to modify an Act without any limitations is not permissible.
Exemption- Without laying down the norms and policy for the guidance of the executive, the legislature cannot
delegate the power of exemption to the latter.
Removal of difficulties
Retrospective operation
Future Acts
Imposition of tax
Ouster of jurisdiction of courts
Offences and penalty

Conditional Legislation or Contingent Legislation

‘Conditional Legislation’ may be described as a statute that provides controls but specifies that they are to go
into effect only when a given administrative authority fulfils the existence or conditions in the statute.
In Conditional legislation, legislature makes the law and it is full and complete. No legislative function is
delegated to the executive. But the Act is not brought into force and it is left to the executive to bring the Act
into operation on fulfilment of certain conditions and for that reason the legislation is called ‘conditional
legislation’.
E.g. Imposition of Sec. 144 of CrPC, 1973.
Definition
Cooley: “It is not always essential that a legislative act should be a completed statute which in any event take
effect as law at the time it leaves the hands of the legislative department. A statute may be conditional, and its
taking effect may be made to depend upon some subsequent event.”
Hart: “Conditional legislation is a statute that provides controls but specifies that they are to go into effect
only when a given administrative authority fulfils the existence or conditions defined in the Act.”
Categories of conditional legislation
a) Where the legislation is full and complete but leaves its future applicability to the executive authority.
b) Where the legislation is enforced but leaves the power to be withdrawn from operation of the Act in a given
area or in a given situation to the executive authority.
c) Where the legislation leaves it to the executive authority to grant benefit of the Act to one class depriving
the rival class of such benefit.

Quasi Legislation
E.g. directions under Articles 73 & 162.
A quasi-legislative capacity is that in which a public administrative agency or body acts when it makes rules
and regulations.
Administrative agency rules are made only with the permission of elected lawmakers.
Dozens of administrative agencies exist on the federal level, and more exist on the state and local levels.
(environmental matters, department of revenue etc.)
Except where prohibited by statute or judicial precedent, quasi-legislative activity may be challenged in a
court of law.
Another distinctive feature of quasi-legislative activity is the provision of notice and a hearing.
Sub-delegation (Delegatus Non Potest Delegare)- When a statute confers some legislative powers on an
executive authority and the latter further delegates those powers to another sub-ordinate authority or agency,
it is called “Sub-delegation”.
E.g. Sec. 3 of The Essential Commodities Act, 1955 confers power on the Central Govt. Again, Sec.5 of the
same Act empowers the Central Govt. to delegate powers to its own officers, or to the State Governments or
their officers. The State Govt. may itself further sub delegate these powers to its officers or authorities.
“Delegatus Non Potest Delegare”: A delegate cannot further delegate. Sub-delegation of legislative power,
though, generally impermissible, can be permitted either when such power is expressly conferred by the statute
or can be inferred by necessary implication.
Case Law: A.K Roy v. State of Punjab (1986 4 SCC 326). Prevention of Food Adulteration Act, 1954. The SC
held sub-delegation unauthorised and quashed the notification.

Delegated Legislation – Controls and Safeguards

 Judicial Control
 Parliamentary/ Legislative Control
 Procedural Control
Judicial Control
  Substantive ultra vires
Grounds:
A. Where Parent Act is unconstitutional-
Case Law: NJAC Act,2015 Case-
The SC Bench in a majority of 4:1 rejected the NJAC Act and the 99th Constitutional amendment as
“unconstitutional and void.” This amendment which sought to give politicians and civil society a final say in
the appointment of judges to the highest courts.
But interestingly, the Bench admitted that all is not well even with the collegium system of “judges appointing
judges”, and that the time is ripe to improve the old system of judicial appointment
B. Parent Act delegates essential legislative functions-
Case Law: L. Chandra Kumar v. UOI (AIR 1997 SC 1125)-
In 1976 Parliament passed the Constitution (Forty-Second Amendment) Act, 1976 by which it added a new
part in the Constitution i.e. Part XIV-A entitled as “Tribunals”. This part contains only two articles 323-A and
323-B
The first issue that raised in this instant case was whether the exclusion of the jurisdiction of the High Court
through Articles 323-A (2) (d) and 323-B (3) (d) was against the doctrine of judicial review that was a basic
feature of the Constitution?
The Court while delving upon this issue took recourse to Sec.28 of the Administrative Tribunals Act,1985
along with the Sampat Kumar Judgment (1985) and the Constitutional Assembly debates. The court, after
careful consideration of the above-mentioned events, concluded that judicial review is indeed a basic feature
of the Indian Constitution.
The second issue was whether the Tribunals constituted either under Article 323B or Article 323A of the
Indian Constitution, have the competence to test the constitutional validity of a statutory rule or provision?
In this respect, the Court stated that in the face of an unprecedented rise in the number of litigations, it is
important to provide for alternative forums for judicial review. This meant that the view taken in Sampat
Kumar case was right as it propounded the theory of alternative institutional mechanism to deal with the
massive pile-up of cases in various High Courts. More importantly, while dealing with such issues the Court
held that the decisions of the Tribunals will be subject to judicial review by the High Courts under article 226.
This served two purposes:
 it retained the High Courts’ power of judicial review and
 the Tribunals will filter out litigation if they were false or frivolous before the jurisdiction of High
Court is invoked

C. Delegated Legislation is inconsistent with Parent Act

Case Law: Indian Council of Legal Aid & Advice v. BCI (AIR 1995 SC 691)-
The Bar Council of India by Resolution No. 64 of 1993 dated 22-8-1993 added Rule 9 in Chapter III of Part
VI of the Bar Council of India Rules which resolution was gazetted on 25-9-1993. The said newly added rule
reads as under: “A person who has completed the age of 45 years on the date on which he submits his
application for his enrolment as an advocate to the State Bar Council shall not be enrolled as an advocate.”
The legality and validity of the said rule is questioned in this batch of petitions as inconsistent with Articles
14, 19(1)(g) and 21 of the Constitution and Section 24 of the Advocates Act, 1961.
The SC has struck down the Rule 9 on the ground above mentioned reasons
D. Delegated Legislation is inconsistent with general law
Case Law: Hindustan Times v. State of U.P (AIR 2003 SC 250)-
The petitioners have questioned the validity of an order dated 24th September, 1991 as also one dated 16th
October, 1991 issued by the Special Secretary, Government of Uttar Pradesh, Lucknow, whereby and where
under a direction had been issued to the effect that at the time of payment of bills for publication of
Government advertisements in all newspapers having a circulation of more than 25,000 copies, 5% of the
amount thereof, forming part of a fund for the purpose of granting pension to the working journalists, would
be deducted.
The impost, is not leviable either as a tax or as a fee having regard to the fact that the legislative field in
relation to the payment of retiral benefits to the working journalists is covered by a Parliamentary Act known
as the Working Journalists and other Newspapers Employees (Conditions of Service) and Miscellaneous
Provisions Act, 1955.
As the State of Uttar Pradesh had no legislative competence, it could not have issued the impugned orders in
exercise of its power under Article 162 of the Constitution of India or otherwise.
Assuming, that welfare of the working journalists is a field falling within Entry 24 of List III of the VII
Schedule of the Constitution of India, any State legislation would be the subject to the Central legislation and
in that view of the matter too, the impugned orders are ultra vires Article 14 of the Constitution.
The SC held that orders dated 24th September, 1991 and 16th October, 1991 are unconstitutional and void.
E. Delegated Legislation is unconstitutional
Case Law: Himat Lal K.Shah v. Commissioner of Police (AIR 973 SC 87)-
In this case the SC held Rule 7 framed under the Bombay Police Act, 1951 as ultra vires Art.19(1)(b) of the
Constitution. Sec. 33(1) of the Bombay Police Act, 1951 had authorised the Commissioner to make rules for
the regulation of conduct and behaviour of assemblies and processions by prescribing the routes and time.
Rule 7 made thereunder provided that no public meeting will be held without the previous permission of the
Commissioner of Police. The rule was held ultra vires of on the ground that the arbitrary discretion vested in
the administrative agency in granting or refusing permission amounts to unreasonable restriction on the
exercise of the freedom of speech and expression.
F. Delegated Legislation is unreasonable
Case Law: Meenakshi Malik v. University of Delhi (AIR 1989) 3SCC 112)-
In this case a condition requiring schooling for the last two years in any school in Delhi for admission to any
medical college in Delhi was held arbitrary and unreasonable.
The petitioner was born and studied up to class IX in Delhi. In 1982 she left for Nigeria, along with her parents,
where her father went on deputation. There she passed the General Certificate of Education Ordinary Level,
conducted by University of London, which was recognized by the Central Board of Secondary Education,
New Delhi as equivalent to Class XI in India. She returned to India along with her family in 1984.
After passing the All India Senior School Certificate Examination in 1985, she appeared for entrance
examination for admission to one of the three Medical Colleges in Delhi and passed the test. But she was
denied admission because she had not satisfied the further condition that the last two years of education should
be had in a school in Delhi.
G. Delegated Legislation is Mala fide
Case Law: D.C. Wadhwa v. State of Bihar (AIR 1987 SC 579)-
The State of Bihar adopted a practice of re-promulgating the ordinances on a massive scale from time to time
without their provisions being enacted into acts of the legislature. The practice was that, after the session of
the State Legislature was prorogued, the same ordinances which had ceased to operate were re-promulgated
containing substantially the same provisions almost in a routine manner. The petitioners challenged the
validity of this practice and in particular they challenged the constitutional validity of different ordinances
issued by the Governor of Bihar.
The SC struck down ordinance as unconstitutional and void and held that the Governor cannot assume
legislative function in excess of the strictly defined limits set out in the Constitution because otherwise he
would be usurping a function which does not belong to him.
H. Delegated Legislation is Arbitrary
Case Law: Air India v. Nargesh Meerza (AIR 1981 SC 1829)-
The SC quashed the service Regulation 46 framed by Air India which had provided for the termination of
services of air hostess on the first pregnancy. The Court held that regulation as most unreasonable and
arbitrary, and interfering with ordinary course human nature, and hence violative of Art.14 of the Constitution.
I. Sub- delegation
a. Sub-delegation of legislative power
Case Law: Blackpool Corpn. v. Locker (1948) All ER 85)-
In this case under the Defence Regulations 1939, the Minister was empowered to take possession of land. By
issuing circulars, he sub delegated powers to the Blackpool Corporation, as was with in his powers. The
circulars contained certain conditions and one of them was that furniture should not be requisitioned . The
Corporation requisitioned the plaintiff’s dwelling house with furniture. The Court of Appeal held the
impugned action ultra vires since it went beyond the power conferred by the Minister on the Corporation.
b. Sub-delegation of judicial power
Case Law: G. Nageswara Rao v. APSRTC (AIR 1959 SC 308)-
In this case, under the Motor Vehicles Act 1939 amended by an Act of 1956, and the rules, the Chief Minister
was empowered to hear the parties and to pass a final order, but he sub-delegated his function of hearing to
his Secretary, who heard the parties and put up a note before the Chief Minister for final decision and the order
was passed by the CM. Quashing the order, the SC held that it was not a judicial hearing and if one person
hears and another decides, personal hearing becomes an empty formality.
c. Sub-delegation of administrative power
Case Law: A.K Roy v. State of Punjab (AIR 1986 SC326)-
In this case, power to initiate prosecution for offences under Sec. 20(1) of the Prevention of Food Adulteration
Act, 1954 had been given to the State govt. The Act had not authorised sub-delegation of power. Nevertheless,
under Rule 3 of the PFA(Punjab)Rules, 1958, the power of prosecution was delegated to the Food Inspector.
The Court held sub-delegation as ultra vires the Parent Act
J. Delegated Legislation excludes judicial review
a. Finality Clause
Even though the subject matter of the dispute may be civil in nature and thus covered by Sec.9 of the CPC,
1908, a civil suit is barred by the statuary provisions. e.g. sec.170 of The Representation of People Act,1951
reads:
No civil court shall have jurisdiction to the question of legality of any action taken or any decision given by
the returning officer or by any other person appointed under this Act in connection with an election.
  Art.323-A 2(d) and Art.323-B 3(d) of the Indian Constitution
 Sec 28 of The Administrative Tribunals Act, 1985

b. Conclusive Evidence
Sec 35 of the Companies Act, 1956
Sec 35 treats a certificate of incorporation given by the Registrar of the Joint Stock Companies to be conclusive
evidence that all the requirements of the Act have been complied with.
c. Shall not be called in question
Case Law: India General Navigation & Rly Co. Ltd. v. Workmen (AIR 1960 SC 219)-
In this case an award was made by the Industrial Tribunal, Assam under the ID Act, 1947 and it was published
in accordance with Se. 17-A of the Act.
In the present case, where the appellants, who were carrying on business in water transport service, notified
as a public utility service, dismissed their workmen for joining an illegal strike, on enquiry but without serving
a charge-sheet on each individual workman and the Industrial Tribunal directed their reinstatement, excluding
only those who had been convicted under Sec 143 of the Indian Penal Code but including those convicted
under s. 188 of the Code, with full back wages and allowances.
The SC held, that the decision of the Tribunal to reinstate those who had been convicted under s. 188 of the'
Code must be set aside and the wages and allowances allowed to those reinstated must be reduced by half and
the award modified accordingly.
Section 17(2) of the ID Act, 1947 provided that the award published u/s 17(1) shall be final and shall not be
called in question by any court in any manner whatsoever.
Rejecting the contention, the SC held that, the provisions of the Act must be read subject to the over-riding
provisions of the Constitution(Art.136). Therefore, whatever finality may have claimed under the provisions
of the Act, in respect of the Award, by virtue of Ss. 17&17-A of the Act, it must necessarily be subject to the
result of the determination of the appeal by special leave.

d. As if enacted in the Act

One of the formulae adopted by the legislature for the exclusion of judicial review is to give effect to rules,
regulations, by-laws, schemes etc. framed under the parent Act “as if enacted in the Act.”
Case Law: General officer Commanding in Chief v. Subhash Chandra Yadav (AIR 1988 SC 876)
The respondent was appointed a Sub-Charge, Cantonment General Hospital, Lucknow by the Cantonment
Board by an appointment letter dated 23.4.1969, and was confirmed in that post on 1.12.1969. The conditions
of service of the employees of the Cantonment Board, a statutory board, were governed by the provisions of
the Cantonment Funds Servants Rules, 1937. At the time of appointment, the services of the respondent were
not transferable as per the provisions of the Rules as then prevailing. His appointment letter also did not
include any condition for transfer from one Board to another.
By a notification dated 16.12.1972, the Rules were amended and a new rule, being rule 5-C was added to
provide for the transfer of the services of the employees of the Cantonment Boards from one post in one Board
to another post in another Board within the same State
The G.O.C.-in-Chief, Central Command by his order dated October 27, 1986 transferred the first respondent
from the Cantonment General Hospital, Lucknow, to the Cantonment General Hospital, Varanasi, and the
incumbent at Varanasi in turn being transferred to the Cantonment General Hospital, Bareilly.
Being aggrieved by the order of transfer passed under rule 5-C of the Rules, the respondent filed a writ petition
in the High Court challenging the validity of the order of transfer on the ground that rule 5-C was ultra vires
the provisions of the Cantonments Act and as such, void. The High Court struck down rule 5-C as being ultra
vires the provisions of the Cantonments Act, 1924.
On appeal the SC held that validity of a rule whether it is declared to have effect as if enacted in the Act, or
otherwise is always open to challenge on the ground that it is unconstitutional.
K. Where Delegated Legislation operates retrospectively
Case Law: Vijayalakshmi Rice Mills v. State of Andhra Pradesh (AIR 1976 SC 1471)-
Under Sec 3 of the Essential Commodities Act 1955, the respondent passed the Andhra Pradesh Procurement
(Levy) order 1959, requiring every miller and dealer of rice (including the appellants) to sell to the respondent
certain specified varieties and quantities of rice at controlled price on requisition being served on him.
On December 19th, 1963 the Central Government Passed the Rice (Andhra Pradesh) Price Control order 1963,
fixing the maximum price of akkulu rice at Rs.46.89 per quintal. The appellants sold several quantities of
akkulu rice to the respondent from January 26th 1964, to February 21st 1964, and were paid at the controlled
rate.
On March 23, 1964 the Central Government issued the Rice (Andhra Pradesh) Price Control (3rd amendment)
order 1964, and substituted Rs. 52.28 for Rs. 46.89 as the maximum price per quintal, of akkulu rice. The
appellant's claim for the benefit of the enhanced price for the earlier sales was rejected by the Government of
Andhra Pradesh. The appellants succeeded before the Subordinate Judge, Machilipatnam in their suits for
recovery of the difference between the two controlled prices but lost before the High Court, in appeals
preferred by the State of Andhra Pradesh.
The SC held that in the absence of express words or appropriate language from which retrospectivity may be
inferred, a notification takes effect from the date it is issued and not from any prior date. Statutes should not
be construed so as to create new disabilities or obligations or impose new duties in respect of transactions
which were complete at the time the Amending Act came into force.
 Procedural ultra vires

A. Drafting
The Committee on Sub-Ordinate Legislation in India rightly recommended that the language of rules should
be simple and clear and not complicated or ambiguous. The drafting of delegated legislation by an expert
draftsman who is, at the same time, in a position to advise whether the proposed rules and regulations are intra
vires is obviously a valuable safeguard. In the absence of this safeguard, poorly drafted rules, in many
situations, create great hardship for the people by increasing avoidable litigation.
B. Antenatal publicity
In India there is no separate law governing the procedure of administrative rule-making and the Parent Act
may or may not provide for the procedural requirement. However, in some cases the Parents Acts have
provided for antenatal publicity.
Sec 15 of the Central Tea Board Act, 1949
Sec 30(3) of the Chartered Accountants Act, 1949
Sec 43 of the Co-operative Societies Act, 1912 may be cited as examples where it was provided that the rules
must first be published in draft form to give an opportunity to the people to have their say in the rule-making.
C. Consultation with affected persons
a. Official consultation with a named body
E.g. The Banking Companies Act, 1970 provides for prior consultation with RBI before making rules under
the Act.
 b. Consultation with administrative boards
E.g. The Mines Act, 1952 sets up Administrative Boards to advise the Govt. and makes obligatory prior
consultation with the Boards before Central Govt. makes the rules under the Act.
c. Consultation with a statutory board in charge of a particular subject
E.g. The Tea Board Act, 1949 makes it obligatory to consult Tea Board before the Govt. can frame the rules
under the Act.
d. Consultation with interested persons
E.g. Amendments to Food Adulteration Rules and Standards, 2004 for food items are similar for drugs and
cosmetics as well as rates of minimum wages call for representations and suggestions from the general public
by publishing the draft rules in the Official Gazette.
e. Preparation of rules by the affected interests
In order to guarantee complete efficacy and acceptability, the Mines Act, 1952 empowers the owners of mines
to draft rules themselves and submit them to the inspector of mines. Such rules become operative on being
approved by the Govt.
D. Postnatal publicity (Post-publication)
Case Laws: State of Maharashtra v. Mayer Hans George (1965) 1 SCR 123-
The respondent, Mayer Hans George, a German smuggler, left Zurich by plane on 27th November 1962 with
34 kilos of gold concealed on his person to be delivered in Manila. The plane arrived at Bombay on 28th of
November. The Customs Authorities, as a part of their duties, inspected to check if any gold was dispatched
by any traveler and looked through George, seized his gold and accused him of the offence under sec 8(10)
and 23(1-A) of the Foreign Exchange Regulation Act. This section of FRTA is read with a notification dated
November 8, 1962, of the RBI which was published in the Gazette of India on 24th of November.
The respondent was convicted by the Magistrate, but acquitted by the High Court, but the further appeal was
made by the state in the court of law.
Issue: Whether the respondent is guilty of bringing gold in India under sec 8(1) and 23(1-A) of the FERA
which was published in the Gazette of India on 24th November 1962?
The SC held that it cannot interfere with the sentenced passed by the lower courts unless they are in violation
of the principle or are illegal. But since this case has some unusual characters therefore George was convicted
but his years of imprisonment was reduced.
a. Publication - Mandatory or Directory
No hard and fast rule of universal application of can be held down as to when a provision to consultation
should be held as mandatory and when it should be regarded as directory.
b. Mode of publication
Even if requirement of publication is held to be mandatory, the mode or manner of publication may be held
to be directory and strict compliance thereof may not be insisted upon.
c. Defect in publication
If delegated legislation is not published at all, the defect goes to the root and makes the instrument non est.,
ineffective and of no consequence. But, if it is not published in a particular manner, it would not necessarily
make the instrument void. Effect to publish in the manner provided by law would be considered by the court.
d. Omnibus curative clause: ’Ganga clause’
Sometimes a statue or an Act provides that no act done or proceeding taken shall be called in question merely
on the ground of any defect or irregularity in such Act or proceeding, not affecting the merits of the case. This
is known as the conclusive evidence clause or omnibus curative clause or Ganga clause.
Parliamentary/ Legislative Control
Modes:
1. Laying on Table and its types
2. Scrutiny Committees

 Laying on Table and its types-

a) laying without further provision for control.
b) with deferred operation.
c) with immediate effect but subject to annulment.
d) in draft but subject to resolution that no further proceedings be taken.
e) in draft and requiring affirmative resolution.
f) with immediate effect but requiring affirmation resolution as a condition for continuance.
Mandatory or Directory: A provision as to laying may be directory or mandatory. It will depend upon the
scheme of the Act, language used, consequences enumerated in the relevant law and other consideration.
 Scrutiny Committees-
The Lok Sabha on Subordinate Legislation and the Rajya Sabha Committee on Subordinate Legislation.
As there was no uniform practice in the laying procedure, the Scrutiny Committee made the following
suggestions –
 All Acts of Parliament should uniformly require that the rules shall be laid on the table of the
House as soon as possible.
 This period should be uniform and should be a total period of 30 days from the date their
publication.
 The rules will be subject to such modification as the Houses may like to make
Function of Scrutiny Committee:
 The function of these committees is to scrutinize and report to the respective Houses whether the
powers to make regulations, rules, bye-laws etc., conferred by the constitution or delegated by
Parliament are being properly exercised with in such delegation.
 They act as watch dogs which bark and arouse their master from slumber when they find that an
invasion on the premises has taken place.

Advantages of Delegated Legislation

 Delegated legislation saves limited time of Parliament.
 It allows rapid change.
 Elected representatives lack detailed or technical knowledge. e.g. Specific details in rocket technology,
nuclear technology etc.
 Quick response to new developments.
 It enables minor changes to statutes.
 Judicial review may be sought, by parties with locus standi (i.e. Persons sufficiently affected by the
legislation).
Disadvantages of Delegated Legislation
 Implies that Parliament has insufficient time to scrutinise it. Parliament is not reviewing legislation
properly.
 Sub-delegation of powers is a further problem which causes complexity and confusion.
 Sheer volume causes complexity - it is impossible for anyone to keep abreast of all delegated
legislation.
 Lack of publicity, not known about by the public.
 It is undemocratic as most regulations are made by civil servant or other unelected people, except for
local authority, by-laws made by elected councillors.
 Henry VIII clause can give power to delegated legislation or amend or repeal Acts of Parliament.