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History of Delegated Legislation in India

Delegated legislation refers to laws made by individuals or bodies authorized by the legislature to create detailed regulations under a specific Act of Parliament. The document discusses the need for delegated legislation, including lack of specialization, crisis situations, and complexity of modern administration. It also covers the history and constitutionality of delegated legislation in India and other countries.

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Bazeera Farhana
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15 views

History of Delegated Legislation in India

Delegated legislation refers to laws made by individuals or bodies authorized by the legislature to create detailed regulations under a specific Act of Parliament. The document discusses the need for delegated legislation, including lack of specialization, crisis situations, and complexity of modern administration. It also covers the history and constitutionality of delegated legislation in India and other countries.

Uploaded by

Bazeera Farhana
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 ‘Delegation’ has been defined by Black’s Law Dictionary as an act of entrusting a person with the power or

empowering him to act on behalf of that person who has given him that power or to act as his agent or
representative.
 Delegated legislation, also known as subordinate or secondary legislation, refers to laws made by individuals
or bodies authorized by the legislature to create detailed regulations under a specific Act of Parliament.
 The term “delegated legislation” describes the exercise of legislative authority by a representative who is
inferior to the Legislature or who is under its control. Since the members themselves cannot deal with every
issue immediately, the Indian Parliament delegated some duties to legal bodies.
 Delegated legislation derives its authority from an enabling Act passed by the legislature. The Act grants the
responsible authority the power to create regulations within the scope defined by the primary legislation.

Need for Delegated Legislation

1. Lack of specialisation 5. Technicality in the matters


2. Crisis Situations 6. Flexibility
3. Conditions that are complex 7. Experiment
4. Pressure upon time of Parliament 8. Complexity of modern administration

History of delegated legislation in India

The Charter Act of 1833 vested the administrative powers only in the hands of the Governor-General-in
Council, which was an official body. He was enabled to make laws and guidelines for revoking, correcting or
modifying any laws or guidelines, which were for all people regardless of their nationality. In 1935
the Government of India Ac, 1935 was passed which contained a serious plan of delegation.

In the case of Queen v. Burah, nature and extent of Legislature power and the feasibility of its delegation was
considered by the Privy Council. The Privy Council, in this case, held that Councils of Governor-General
was supreme Legislature and has ample number of powers and who are entitled to transfer certain powers to
provincial executors.

Constitutionality of delegated legislation

Position in USA: Delegated legislation is not allowed theoretically in the constitution of the USA because of
the two reasons. These are, “Separation of Power” and “Delegatus non potest delegare”.

Position in England: In England the Parliament is supreme and there is no limitation by the Constitution on
the Parliament. Also, Parliament in England has wide powers of delegating its legislative power to the
Executive or other subordinate bodies.

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