Delegated Legislation

Reasons for the Growth

1. Pressure upon the parliamentary Time
2. Technicality and Complexity of the
Subject matter
3. Flexibility
4. Experimentation
5. Emergency situation
6. Confidentiality
Lord Hewart, The New Despotism
Appointment of Committee on Minister’s
Powers under the Chairmanship of
Donoughmore
Recommendations:
1. Precise limit of DL in Parent Act
2. Henry VIII clause type delegation should be
avoided
3. Each house should constitute Standing
Committee
 Different forms of Delegated Legislation
1) Central Act to Central Govt.
2) Central Act to State Govt.
3) Central Act to Central and State Govt.
4) Central Act to Statutory Bodies
5) State Act to State Govt.
6) State Act to Statutory Bodies
 Classification of Delegated Legislation
 Title based: Rules, Regulations, Orders, Byelaws

 Purpose based:
1. Power to bring an act into force
2. Power to extend the life of an Act
3. Power to extend to other territories
4. Power to include
5. Power to exclude
6. Power to adopt
7. Power to fill in details
8. Power to prescribe punishment
9. Power to modify
10. Power to remove difficulties
 Queen v. Burah

 Governor General Council passed an Act to remove the Civil

and Criminal Jurisdiction of ordinary Courts of Garo Hills
 S.9 empowered the Lt.Governor to extend the Act to other
areas
 Calcutta High Court S.9 ultravires to the powers of Indian
Legislature
 Privy Council reversed the decision and validated the
section
o Panama Refining co. v. Ryan
o July,11,1933 President order prohibiting inter state
transportation of petroleum products
o S.9(c )of National Industrial Recovery Act authorised
President to make such order
o The questions considered by court were:
1. Whether prohibition is provided in the legislative policy?
2. Whether standard was provided by the legislature?
3. Whether any finding by president is required for such
action?
 Majority held that no policy, no standards, thus unlimited
authority. The order (DL) was held invalid
Emperor v. Benoari Lal AIR 1945 PC 48
 Conditional Legislation was applied by the Privy
Council and validated the provision which empowers
the Provincial Governments to extend the law to create
special courts
Jatindra Nath Gupta v. Province of Bihar AIR 1949 FC
175
S.1(3) of the Bihar Maintenance of Public Order Act,1948
was held invalid
FC held that power to extend the life of the Act and
power to modify cannot be delegated to executive
Decision narrowed the scope DL and cast shadow on
Legislations having similar powers
Re Delhi Laws Act AIR 1951 SC 332
Provisions of Acts referred by the President for the
Advisory opinion were:
1. S.7 of Delhi Laws Act,1912
2. S.2 of Ajmeer Merwara (Extension of Laws)
Act,1950
3. S.2 of Part C State (Laws) Act, 1950
S.7 of Delhi Laws Act,1912 empowered the
Provincial Government to extend to Delhi area any
law which is in force in India, with restrictions and
modifications
S.2 of Ajmeer Merwara (Extension of Laws) Act
empowered the Govt. to extend to the province of
Ajmeer Merwara any law force in other province
with such modifications and restrictions
S.2 of Part C State (Laws) Act empowered the
Central Govt. to extend to Part-C States any act
which is in force in any Part-A States with such
modifications and restrictions as it thinks Fit
S.2 of Part C State (Laws) Act also provides that-
While doing so the Government was empowered to
repeal or amend any corresponding law which is force
in Part-C States
 The Main question is the Constitutional validity of
the Delegated Legislation
Argument of Union of India and State Govts.
1. Power of legislation includes power of delegation
2. No restriction on the delegation of Legislative Power
3. There should not be total abdication of Legislative
function
Arguments of the opponents of Delegated Legislation
1. Separation of Powers
2. Delegatus non potest delegare
Majority Decision
3. Theory of Separation of Powers is not a part of Indian
Constitution
4. Indian Parliament is not an agent of any body or person
5. Power of Delegation is ancillary to the power of
Legislation
6. Essential Legislative function should not be delegated