Harsh Krishnatrey, 9833406306

LL.M, MBA, MA, B.Sc., Music Visharad

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________________________________________________________
Date 17.01.2023, Time- 5.30 pm to 7 pm
Lecture at Ambedkar Law College
LL.B. 2nd yr., III semester

We discussed in our previous lecture held on 16th Jan, 2023

The administrative process is a complex pattern, combining in itself the
executive, legislative and judicial process to some extent.
The modern administration may be entrusted
1. legislation in the form of powers to make delegated legislation.
2. It may also be entrusted with judicial or quasi-judicial function,
whereby it may adjudicate the rights and liabilities of the private
citizen.
3. The modern administration may also enjoy wide discretionary powers.
4. The public authority may be empowered to make an investigation or
enquiry and apply its discretion, with a view to implementing a certain
social or public policy.

Now focus on the following case law

Tata Iron and Steel Co. Ltd. Vs. Workmen, AIR 1972 SC 1917

The delegation of legislative power is permissible only when the

legislative policy is adequately laid down and the delegate is
empowered to carry out the policy within the guidelines laid down by
the legislature.

The term ‘delegated legislation is used in two different senses:

i. The exercise by a subordinate agency of the legislative power
delegated to it by the Legislature, or
ii. The subsidiary rules themselves which are made by the
subordinate agency in pursuance of the power as mentioned

The administrators are more interested in ‘technique’ rather

than the actual rule made and so the term ‘delegated
legislation’ is used. In India the term ‘subordinate legislation’ is
used, which conveys the idea that the authority making the
legislation is subordinate to the legislature. Or restrict

E.g. –
1. The Imports and Exports (Control) Act, 1947 is a small piece
of legislation containing 8 sections. Sec-3 authorizes the
Central Government to prohibit or restrict the import or export of
 goods of any specified description by order. Under this
provision, the Central Government has built up a vast
mechanism of control over imports and exports through
delegated legislation promulgated under the statute.

2. Under the Essentials Commodities Act, 1955, the Central

Government and the State Government have promulgated a
large number of orders and rules. The Act in itself is a small
piece of legislation containing only 16 sections, but under it the
Government carries on the whole operation of controlling and
regulating productions, movement supply, sale and prices of
number of commodities characterized as ‘essential
commodities’

Constitutionality of delegation legislation term means the permissible

limits of the constitution of any country within which the legislature,
which has the sole repository of law-making power, can validly
delegate rule-making power to other administrative agencies.

Delegated Legislation- Re Delhi Laws Act Case

It is said to be the Bible of delegated legislation

The Doctrine of Separation of Powers is well recognized by all the

civilized nations of the world. In India too such distinction of powers of
a sovereign are classified under the Legislative, Executive and
Judiciary. This distinction is blurred, as some would contend, when
powers are delegated or sub-delegated. After independence, there
was a lot of confusion regarding the concept of delegation i.e whether
it is possible and if so, to what extent. To clarify this, the President of
India referred this question to the apex court under Article 143 of the
Constitution. The court laid down some principles regarding these
questions. The re Delhi Laws Act is a landmark judgment of the 7
Judge Bench of the Supreme Court wherein each judge had a
difference of opinion. Therefore, an analysis of the same would lead to
a better understanding of the applicability of the concept of delegated
legislation in India

The Supreme Court took the following view and the 7 opinions were
based on the same:
• Separation of power 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 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. Essential function involving
laying down the policy of the law and enacting
that policy into binding rule of conduct.

Delegatus non potest delegare:

Delegatus non potest delegare is a Latin Maxim.
Meaning:
According to this doctrine “One who is delegated, cannot further re-delegated i.e., a
delegate cannot further delegate.”
As the congress gets powers from the people and is a delegate of the people hence
it cannot further delegate its legislative power to the executive or to any other
agency.

In general, the maxim deals with delegation

The maxim is a principle in the constitutional and administrative law which means
that a person to whom an authority or decision-making power has been delegated
to from a higher source, cannot, in turn, delegate again to another unless the
original delegation explicitly authorized it. In simple terms, a delegate cannot re-
delegate. The maxim is derived from and is most frequently applied in matters
relating to principal and agent but is not confined thereto.
Example:
An auditor who has been appointed to audit the accounts of a company cannot
delegate the task to another unless expressly allowed to do so. If express
authorization has not been granted the auditor will have acted ultra vires.
Case Law: Hemdard Dawakhana vs. Union of India
Supreme Court in this case held that there is no specific bar in our constitution
against the delegation of legislative power by the Legislature to the Executive.
However, it is now well settled that essential legislative functions cannot be
delegated by the legislature to the executive. It means that the 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. Delegation of
legislative power cannot amount to abdication of essential legislative functions.
Ultra Tech Cement Limited vs. The Union of India and Ors.
In this Case, the Kerala High Court held that “Sub-delegation implies a further
delegation of the same power, which was originally delegated by the legislature.
The governing principle is that legislative powers must be exercised by the
delegatee himself and by none else. A delegatee cannot further delegate his power
unless the parent law permits it to do so. In the above context, the doctrine
delegatus non potest delegare, that is, a delegatee cannot further delegate, comes
into play. Thus, if a law confers power on the Central Government to make rules, it
cannot further delegate that power to any other officer, unless the parent law itself
gives authority to the Government to that effect.”

Tribunals in India are quasi-judicial bodies for settling various administrative and
tax-related disputes, including Central Administrative Tribunal (CAT), Income Tax
Appellate Tribunal (ITAT), Customs, Excise and Service Tax Appellate
Tribunal (CESTAT), National Green Tribunal (NGT), Competition Appellate
Tribunal (COMPAT) and Securities Appellate Tribunal (SAT), among others.
The tribunals will consist of Chairman, vice-chairman and others whose terms of office
will be restricted to five years and they will be eligible for reappointment after retirement.

The Securities and Exchange Board of India (SEBI) is the regulatory

body for securities and commodity market in India under the ownership of Ministry of
Finance within the Government of India. It was established on 12 April 1988 as an
executive body and was given statutory powers on 30 January 1992 through
the SEBI Act, 1992

Securities and Exchange Board of India (SEBI) was first established in 1988 as a non-
statutory body for regulating the securities market. It became an autonomous body on
30 January 1992 and was accorded statutory powers with the passing of the SEBI Act
1992 by the Indian Parliament.

The Central Administrative Tribunal had been established under Article

323 -A of the Constitution for adjudication of disputes and complaints
with respect to recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of
the Union or other authorities under the control of the Government. In
the statement of object and reasons on the introduction of the
Administrative Tribunals Act, 1985 it was mentioned:

"It is expected that the setting up of such Administrative Tribunals to

deal exclusively with service matters would go a long way in not only
reducing the burden of the various Courts and thereby giving them more
time to deal with other cases expeditiously but would also provide to the
persons covered by the Administrative Tribunals speedy relief in respect
of their grievances."

There are 19 Benches and 19 Circuit Benches in the Central

Administrative Tribunal all over India. The Government of India has
notified 215 organizations including Ministries and Departments of
Central Government, under section 14 (2) of the Administrative Tribunals
Act, 1985 to bring them within the jurisdiction of the Central
Administrative Tribunal, from time to time. In addition, the Central
Administrative Tribunal, Principal Bench is dealing with the matters of
Govt. of National Capital Territory of Delhi.

Characteristics of Administrative Tribunals

1. They are established by executive under the provisions of the

statute.
2. Though they perform quasi-judicial functions or judicial function,
they are not Courts.
3. They are not bound by the technical rules of the Civil Procedure
Courts and the rules of evidence of the Evidence Act.
4. Such tribunals have the powers of Civil Courts in certain matters,
and their proceedings are considered to be judicial proceedings
5. They have to follow the principles of natural justice in deciding the
cases.
 6. Usually, their function is to decide disputes arising out of the
programme of a welfare State. The dispute referred to them may not
be conventional type of dispute that arises before an ordinary
Court.

Reasons for conferring Judicial powers on

administrative authorities

1. Expert Knowledge
Many of the questions that have to be decided under modern social
legislation call for an expert knowledge of matters falling outside the
training of the lawyer and the Judge, and require an understanding of the
policy of the Legislature, and experience of administration. They are not
primarily legal question, though at some stage, a judicial mind may
require.
2. Not expensive; must be disposed of much more cheaply than can be done
in Courts of Law.
3. Speed; must be disposed of much more speedily than the ordinary Courts
of Law
4. Flexibility; the new administrative tribunals are not bound by the rigid
doctrine of binding precedent adhered to by the Courts.
5. Informality; Administrative tribunals are not bound by such complex rules
of procedure or such stringent rules of evidence as prevail in ordinary
Courts.
6. Implementation of Policy; they are also able to carry out the policy, rather
than act as an impartial arbitrator. In many fields like Labour Law, the
statues create rules at variance with those applied by the Courts.
Therefore, a sympathetic body to apply these new rules is needed.

Following are the tribunals in India.

Sl
Tribunals
No

1 Industrial Tribunal

2 Income Tax Appellate Tribunal (ITAT)

3 Customs, Excise and Service Tax Appellate Tribunal

Appellate Tribunal under Smugglers and Foreign Exchange

4
Manipulators Act

5 Administrative Tribunal
Sl
Tribunals
No

6 Railway Claims Tribunal

7 Securities Appellate Tribunal

8 Debt Recovery Tribunal

9 The Telecom Disputes Settlement and Appellate Tribunal (TDSAT)

10 National Companies Law Appellate Tribunal (NCLAT)

11 National Consumer Disputes Redressal Commission

12 Appellate Tribunal for Electricity

13 Armed Forces Tribunal

14 National Green Tribunal (India)

Following is the list of tribunals dissolved and its replacements:

Sl
Dissolved Tribunals Replaced Tribunals
No

National Company Law

1 Competition Appellate Tribunal
Appellate Tribunal

Airports Economic Regulatory Authority Telecom Disputes Settlement

2
Appellate Tribunal and Appellate Tribunal

Telecom Disputes Settlement

3 Cyber Appellate Tribunal
and Appellate Tribunal
 Sl
Dissolved Tribunals Replaced Tribunals
No

Intellectual Property Appellate

4 Copyright Board
Board

5 National Highways Tribunal Airport Appellate Tribunal

Employees Provident Fund Appellate

6 Industrial Tribunal
Tribunal,

The following table lists the Age Limit for Various Constitutional Posts
In India:
Basic
S. Minimum Maximum
Post Name Tenure pay per
No. Age Age
month

President of No max. ₹5.0

1. 35 5 years
India age limit lakh

Vice-President No max. ₹4.0

2. 35 6 years
of India age limit lakh

25 (for the
candidate of
Loke
Prime Minister No max. ₹2.8
3. Sabha) 30 5 years
of India age limit lakh
(for the
candidate of
Rajya Sabha)

No fixed
tenure but
Chief Justice No min. age remains in the ₹2.8
4. 65
Of India limit office up to lakh
the age of 65
years

Attorney
No min. age No fixed ₹2.8
5. General of 65
limit tenure lakh
India

Comptroller He holds
and Auditor No min. age office for a ₹2.5
6. 65
General of limit period of six lakh
India years or up to
 the age of 65
years,
whichever is
earlier.

Advocate
No min. age No fixed ₹2.5
7. General for the 62
limit tenure lakh
States

No fixed
tenure but
Other Supreme No min. age remains in the ₹2.5
8. 65
Court Judges limit office up to lakh
the age of 65
years

Lok Sabha No max. ₹1.0

9. 25 5 years
Speaker age limit lakh

Deputy Lok No max. ₹1.0

10. 25 6 years
Sabha Speaker age limit lakh

Members of
Lok Sabha
No max. ₹1.0
11. (Minister of 25 5 years
age limit lakh
Parliaments
(MP))

Members of
Rajya Sabha
No max. ₹1.0
12. (Minister of 30 6 years
age limit lakh
Parliaments
(MP))

6 years or up
to the age of
Chairman No min. age ₹2.5
13. 65 65 years,
UPSC limit lakh
whichever is
earlier

6 years or up
to the age of
Members No min. age ₹2.5
14. 65 65 years,
UPSC limit lakh
whichever is
earlier

Governor of No max. ₹3.5

15. 35 5 years
the states age limit lakh

Lieutenant-
No max. ₹3.25
16. Governor of 35 5 years
age limit lakh
the States
 The
basic
pay
Chief Minister No max.
17. 25 5 years varies
of States age limit
from
state to
state

The
basic
Members of
pay
Legislative No max.
18. 25 5 years varies
Assembly age limit
from
(MLA)
state to
state

The
basic
Members of
pay
Legislative No max.
19. 30 5 years varies
Council age limit
from
(MLC)
state to
state

6 years or up
Members of ₹1.82
to the age of
State Public No min. age lakh to
20. 62 62 years,
Service limit ₹2.24
whichever is
Commission lakh
earlier

No fixed
tenure but
Chief Justice No min. age remains in the ₹2.5
21. 62
of High Court limit office for up to lakh
the age of 62
years

No fixed
tenure but
Other Judges No min. age remains in the ₹2.25
22. 62
of High Court limit office for up to lakh
the age of 62
years

The
basic
Members of pay
No max.
23. Gram 21 5 years varies
age limit
Panchayat from
state to
state
 6 years or up
Chief Election to the age of
No min. age ₹2.5
24. Commission 65 62 years,
limit lakh
of India whichever is
earlier