Delegated Legislation: Meaning, Types, Permissible and Impermissible Delegation, Case Laws and Control

Delegated Legislation, also known as Subordinate Legislation, means laws, rules, regulations, orders, notifications and bye-laws made by an authority other than the Legislature, under the powers given to it by an Act of Parliament or a State Legislature.

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In India, Parliament and state legislatures make the main laws. However, they cannot deal with every small detail of a law. Therefore, they give certain powers to the Executive, Government departments, local authorities and other statutory bodies to make rules and regulations for the proper implementation of those laws.

This process is known as delegated legislation or administrative rule-making.

Meaning and Example of Delegated Legislation

Example: Parliament passes an Act relating to motor vehicles. The Act lays down the main provisions, but the Central Government is authorised to make detailed rules regarding driving licences, vehicle registration, safety standards and other matters.

These rules are examples of delegated legislation.

Meaning and Definition

‘Delegated legislation’ means the law made by an authority under the powers delegated to it by the Legislature.

The Legislature makes the main law, known as the Parent Act or Enabling Act, while the delegated authority makes detailed rules and regulations within the limits of that Act.

Example: The Environment (Protection) Act, 1986, gives the Central Government power to make rules and take measures for environmental protection. Rules made by the government under this act are examples of delegated legislation.

Difference Between Primary Legislation and Delegated Legislation

Attribute	Primary Legislation	Delegated Legislation
Enacting Body	Parliament or State Legislatures directly	Executive or statutory authorities under delegated powers
Status	Main/Parent Act	Subordinate to the Parent Act
Scope	Establishes core policy and principles	Provides operational details for implementation
Hierarchy	Cannot be overridden by subordinate rules	Must strictly remain within the scope of the Parent Act

Reasons for the Growth of Delegated Legislation

Delegated legislation has become necessary in modern administration for the following reasons:

Lack of Legislative Time: Parliament and State Legislatures have many important matters to discuss. They cannot make rules about every small detail.
Technical Knowledge: Some subjects, such as science, medicine, technology, environment and transport, require special knowledge and expertise.
Administrative Convenience: It is easier for Government departments and specialised authorities to make detailed rules for implementing laws.
Emergency Situations: During emergencies, the government may need to make rules quickly to deal with unexpected situations.
Flexibility: Rules can be changed easily according to changing circumstances without amending the entire Act.
Local Requirements: Local authorities can make bye-laws according to the needs of their respective areas.
Increasing Functions of the Welfare State: The modern State performs many functions relating to education, health, employment, industry, social security and public welfare. Delegated legislation helps the government perform these functions effectively.

Forms of Delegated Legislation

Delegated legislation may take different forms, such as:

Rules: Detailed provisions made by the government under an act.
Regulations: Rules made by statutory bodies or authorities for regulating particular activities.
Bye-laws: Rules made by local authorities, municipalities and other bodies for local administration.
Orders: Directions or legal instructions issued by an authorised authority.
Notifications: Official announcements issued by the government to bring certain legal provisions into operation or exercise powers under an act.
Schemes: Detailed arrangements prepared by the government or statutory authorities under an act.

Example: Municipal bye-laws relating to sanitation, building construction and waste management are forms of delegated legislation.

Permissible Delegation of Legislative Powers

Permissible delegation means the Legislature can delegate certain law-making powers to the Executive or other authorities, provided it does not give away its essential legislative functions.

In India, the Legislature is allowed to delegate powers to make rules, regulations and other subordinate laws for carrying out the purposes of an Act.

Types of Permissible Delegation

The following types of delegation are generally permissible:

Power to Make Rules: The Legislature may authorise the Government to make detailed rules for implementing an Act. Example: The Government may be authorised to make rules regarding the procedure for issuing licences.
Power to Fill in Details: The Legislature may lay down the main principles and allow the Executive to provide necessary details. Example: An Act may provide for road safety, while the Government may prescribe speed limits and vehicle safety requirements.
Power to Fix Dates: The Government may be authorised to decide the date on which an Act or any provision of it will come into force. Example: An Act may provide that it will come into force on a date notified by the Government.
Power to Modify the Application of a Law: The Legislature may permit the Government to make limited changes or adaptations in the application of a law, provided such power does not allow it to change the essential policy of the Act.
Power to Grant Exemptions: The Government may be authorised to grant exemptions to certain persons, industries or activities under conditions prescribed by the Parent Act.
Power to Make Technical and Procedural Rules: The Executive may make rules regarding forms, fees, applications, procedures and technical standards.
Power to Make Rules During Emergencies: The Government may be authorised to make necessary rules to deal with emergency situations, within the limits of the Parent Act.

Important Principle: The Legislature may delegate the power to implement and supplement a law, but it cannot delegate its essential legislative functions.

Impermissible Delegation of Legislative Powers

Impermissible delegation means the transfer of such legislative powers to the Executive or another authority which the Legislature is constitutionally required to exercise itself.

The Legislature cannot completely transfer its law-making responsibility to another authority. It must retain its essential legislative functions.

Types of Impermissible Delegation

The following types of delegation are generally impermissible:

Delegation of Essential Legislative Functions: The Legislature cannot delegate the power to determine the basic policy, principles and objectives of an Act. Example: Parliament cannot simply pass an act stating that the government may make any law it considers necessary on any subject without laying down any policy or guidelines.
Excessive Delegation: The Legislature cannot give unlimited and uncontrolled powers to the Executive without providing proper guidelines. Example: An Act giving the Government unrestricted power to prohibit any business without stating the grounds or conditions for such prohibition may amount to excessive delegation.
Delegation Without Legislative Policy: The Legislature must clearly state the policy and purpose of the law. It cannot leave the entire matter to the discretion of the Executive.
Power to Change the Basic Policy of an Act: The delegated authority cannot change the main object, purpose or essential provisions of the Parent Act. Example: If an Act is made to protect consumers, the Government cannot make rules that defeat consumer protection and favour the opposite interest.
Power to Repeal or Replace the Parent Act: The delegated authority cannot repeal the Parent Act or replace its essential provisions with a completely different policy.
Uncontrolled Discretion: The Legislature cannot give an authority arbitrary powers without prescribing standards, conditions or limitations for their exercise.
Sub-delegation Without Authority: A delegated authority cannot further transfer its rule-making powers to another authority unless the Parent Act permits such sub-delegation, expressly or by necessary implication.
Rules Contrary to the Parent Act: Delegated legislation cannot go beyond the powers given by the Parent Act or contradict its provisions. Example: If an act prescribes a maximum fee of ₹500, the government cannot make a rule fixing the fee at ₹1,000.

Important: Delegated legislation is valid only when it remains within the limits of the Parent Act and the Constitution.

Essential Legislative Functions Which Cannot Be Delegated

The essential legislative functions must be performed by the legislature itself. These include:

Determining the legislative policy.
Deciding the main objectives of the law.
Laying down the basic principles and standards.
Formulating the policy into a binding rule of conduct.
Providing sufficient guidelines to control the exercise of delegated powers.

However, the Legislature can delegate subsidiary, ancillary and administrative functions to the Executive.

Example: Parliament may decide that environmental pollution must be controlled and establish the basic legal framework. It may authorise the Government to prescribe emission standards, inspection procedures and technical requirements.

Important Case Laws on Delegated Legislation

The Supreme Court of India has explained the limits of delegated legislation through several important judgements.

1. In Re Delhi Laws Act, AIR 1951 SC 332

This is one of the most important cases on delegated legislation in India.

The Supreme Court held that the Legislature can delegate subsidiary and ancillary legislative powers but cannot delegate its essential legislative functions.

The essential legislative function includes determining legislative policy and formulating it as a binding rule of conduct.

The Court also held that the Executive cannot be given unrestricted power to change or repeal the essential provisions of an existing law.

Principle: Essential legislative functions cannot be delegated, but subsidiary legislative functions can be delegated.

2. Rajnarain Singh v. Chairman, Patna Administration Committee, AIR 1954 SC 569

The Supreme Court held that the Executive may be authorised to apply an existing law with certain modifications. However, such modifications must not change the essential features or policy of the law.

Principle: Minor changes and local adjustments are permissible, but changes in the basic policy of an Act are not permissible.

3. Harishankar Bagla v. State of Madhya Pradesh, AIR 1954 SC 465

The Supreme Court upheld the delegation of powers to the Government to make rules under the Essential Supplies (Temporary Powers) Act, 1946.

The Court observed that the Act contained sufficient guidance and laid down the policy of maintaining and increasing supplies of essential commodities and ensuring their fair distribution.

Principle: Delegation is valid when the Parent Act lays down a clear policy and provides sufficient guidance to the delegated authority.

4. S. Garewal v. State of Punjab, AIR 1959 SC 512

The Supreme Court upheld the power of the Central Government to make rules regarding the recruitment and conditions of service of All India Services under the All India Services Act, 1951.

The Court recognised that detailed service rules could be made by the Executive because such matters required numerous provisions and frequent changes.

Principle: The Legislature can delegate rule-making powers to the Executive to carry out the purposes of an Act.

5. Hamdard Dawakhana v. Union of India, AIR 1960 SC 554

The Supreme Court struck down the delegation of power under Section 3(d) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, because the Government was given excessively wide and uncontrolled power to specify additional diseases or conditions without sufficient guidelines.

Principle: Excessive and uncontrolled delegation without proper standards or guidelines is unconstitutional.

6. Vasantlal Maganbhai Sanjanwala v. State of Bombay, AIR 1961 SC 4

The Supreme Court explained that the Legislature must lay down the policy and principles of a law and provide sufficient guidance to the authority receiving delegated powers.

Principle: The Legislature must retain its essential legislative functions and may delegate only subsidiary functions.

7. Gwalior Rayon Silk Manufacturing Co. Ltd. v. Assistant Commissioner of Sales Tax (1974) AIR 1974 SC 1660

The Supreme Court explained that the Legislature cannot delegate its essential legislative functions. It must determine the legislative policy and lay down the basic principles, while the details may be left to the delegated authority.

Principle: The Legislature must lay down the policy and standards, while the Executive may fill in the details.

8. Avinder Singh v. State of Punjab (1979) 1979 SC 321

The Supreme Court laid down important principles regarding the delegation of legislative powers. It observed that the Legislature cannot completely efface itself or delegate its essential legislative functions.

It also emphasised the importance of legislative control over delegated legislation.

Principle: The Legislature must retain its essential functions and maintain control over delegated law-making powers.

9. Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985) 1 SCC 641

The Supreme Court held that delegated legislation can be challenged in court if it violates the Constitution, exceeds the authority given by the Parent Act or is otherwise legally invalid.

The Court also observed that subordinate legislation does not enjoy the same degree of immunity as an Act passed by a competent Legislature.

Principle: Delegated legislation is subject to judicial review.

10. State of Tamil Nadu v. P. Krishnamurthy (2006) 4 SCC 517

The Supreme Court explained the grounds on which delegated legislation can be challenged.

Delegated legislation can be challenged and invalidated in court if:

It is substantively ultra vires (exceeds Parent Act powers).
It is procedurally ultra vires (violates mandatory statutory procedures).
It violates Fundamental Rights or constitutional limits.
It is manifestly arbitrary or unreasonable.

These decisions establish that delegation is necessary for modern administration, but it must remain within constitutional and statutory limits.

Difference Between Delegated Legislation and Conditional Legislation

These two concepts are related but different.

Feature	Delegated Legislation	Conditional Legislation
Core Function	Authority creates subsidiary rules and regulations	Legislature enacts complete law; application depends on specified conditions
Authority’s Role	Rule-making and procedural detail filling	Determining when, where, or to whom the law applies
Key Example	Ministry issuing safety rules under the Motor Vehicles Act	Government notifying the enforcement date of an enacted law

Important Case: Hamdard Dawakhana v. Union of India (1960) explained the distinction between delegated legislation and conditional legislation.

Control Over Delegated Legislation

Delegated legislation is subject to three important forms of control:

A. Parliamentary or Legislative Control

Parliament and State Legislatures exercise control over delegated legislation in the following ways:

Laying Procedure: Rules made by the Government may be required to be placed before Parliament or the State Legislature.
Modification: The Legislature may modify or reject delegated rules where the law permits.
Questions and Discussions: Members of the Legislature may question the Government about the rules made under an Act.
Committees: Parliamentary committees, particularly the Committee on Subordinate Legislation, examine whether delegated rules are within the powers granted by the Parent Act.

B. Judicial Control

Courts exercise judicial control over delegated legislation through judicial review.

A court may declare delegated legislation invalid on the following grounds:

Substantive Ultra Vires: When the delegated legislation goes beyond the powers given by the Parent Act.
Procedural Ultra Vires: When the authority fails to follow the mandatory procedure prescribed by the Parent Act.
Violation of Fundamental Rights: When delegated legislation violates the fundamental rights guaranteed by the Constitution.
Violation of the Constitution: When it is inconsistent with any constitutional provision.
Unreasonableness or Arbitrariness: When the delegated legislation is manifestly arbitrary or unreasonable.

Example: If a government department makes a rule imposing a restriction that is not authorised by the Parent Act, the court may declare that rule invalid.

C. Executive Control

The Government also exercises control over delegated legislation through:

Supervision of subordinate authorities.
Administrative instructions and guidelines.
Approval of rules and regulations wherever required.
Review and amendment of rules according to administrative needs.

Importance of Delegated Legislation

Delegated legislation plays an important role in modern administration because:

It saves the valuable time of Parliament and State Legislatures.
It helps in dealing with technical and specialised matters.
It provides flexibility in administration.
It helps the Government respond quickly to emergencies.
It makes the implementation of laws easier.
It allows rules to be changed according to changing circumstances.
It supports the effective functioning of a modern welfare State.

Limitations of Delegated Legislation

Despite its importance, delegated legislation has certain disadvantages:

It may increase the law-making powers of the Executive.
It may reduce the direct control of the Legislature over law-making.
Excessive delegation may lead to misuse of administrative powers.
It may affect individual rights and freedoms.
People may not get sufficient opportunities to participate in the rule-making process.
Too many rules and regulations may create confusion and uncertainty.

Conclusion

Delegated legislation is an essential part of modern Administrative Law. It allows the Executive and other authorised bodies to make rules, regulations, orders and bye-laws for the proper implementation of laws.

However, the Legislature cannot transfer its entire law-making responsibility to another authority. It must determine the basic policy, objectives and principles of the law and provide sufficient guidelines for the exercise of delegated powers.

Therefore, the Legislature may delegate subsidiary and administrative functions, but it cannot delegate its essential legislative functions.

In India, delegated legislation is controlled by the Legislature, the Executive and the Judiciary to prevent misuse of power and protect the Constitution and the rights of citizens.

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