ADMINISTRATIVE LAW

UNIT-II: DELEGATED LEGISLATION

 Introduction - Delegated Legislation
• 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.
 Delegated Legislation
 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 out side the legislature and is
generally expressed as rules, regulations, bye-laws, orders,
schemes, directions, or notifications etc.
 Delegated Legislation
 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.
 Delegated Legislation
 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.
 Delegated Legislation
 Definition
1. 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.”
2. 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.”
3. 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.”

4. 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.”
5. 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”.
6. Jain and Jain:
 The term “delegated legislation” is used in
two senses:
1. exercise by a subordinate agency of the legislative
power delegated to it by the legislature, or

2. the subsidiary rules themselves which are made by

the subordinate authority in pursuance of the power
conferred on it by the legislature.
 e.g.
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:

• Authorised 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

1. Ever since statutes came to be enacted by Parliament, there

has been delegation of legislative function.

2. In 15th and 16th centuries, there was frequent use of Henry

VIII Clause. ( Heward– “The New Despotism”)

3. 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.
5. Mutiny Act 1717 conferred on Crown, power to legislate for
the Army without the aid of Parliament.

6. In the 19th century delegated legislation became more

common and considerably increased due to social and
economic reforms.

7. 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.
8. Another emergency arose due to the financial crisis of
1930′s(“The Great Depression” and the remedy was again
administrative legislation).

9. The World War -II with all its evils was another crisis which
necessitated the giving of the wide powers to the administra­
tion 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.
10. 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.

11. 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 Post Post

Independence Independence Constitution
 Pre-independence
 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
 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
 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 Mukhreaja 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.
 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

I. Title-based classification

II. Discretion-based classification

III. Purpose-based classification

IV. Authority-based classification

V. Nature – based classification

I. Title based classification:
1. 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)

2. Regulations:
• An instrument by which orders, decisions and acts of the
government are made known to the public.( e.g. Trade Associations
etc.)

3. 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.
4. Orders:
• It is applied to various forms of legislative and quasi-judicial
decisions. The order may be general or specific.( Govt. Orders)

5. Directions:
• It is used to refer the administrative rule making under the
authority of the law or rules or orders made thereunder.

6. 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.)
II. 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.
III. Purpose based classification:
1. 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)
2. 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.
3. 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.

4. Power to modify the Act:

• Some times 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.
5. Power to remove difficulties (Henry VIII Clause)
• Some times 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”.

a) e.g. Article 372(2) of the Constitution

• (2) 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.
b) e.g. Sec.34(1) of the ATs Act,1985 reads thus:
(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.

(2) Every order made under this section shall, as soon as

may be after it is made, be laid before each House of
Parliament.
c) 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.”
6. Power to make rules, etc. to carry out the purpose
of the Act.
 e.g. Sec.30, Securities Contracts (Regulation) Act, 1956
(1) 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.
(1) 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.
7. 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.
IV. 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”.
 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 ultravires the
Parent Act.
V. Nature – based classification
1. Normal delegation
a. Positive – where limits of delegation are clearly defined in
the enabling Act.
b. 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 :

a) Power to legislate on matters of principle policy.
b) Power to amend Acts of Parliament of existing law.
c) Power conferring such a wide discretion that it is almost
impossible to know limits.
d) 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 inline with the provisions of the Constitution,
and the exercise of the such power has been made immune
from the scrutiny of courts.
1. Delegated legislation in England

• In England, Parliament is sovereign. In principle, it is only

Parliament which can enact laws. But as observed by –

 C. K. Allen:- “Nothing is more striking in the legal and social

history of the 19th century in England than the development
of sub-ordinate legislation.”
 Delegated legislation in England(cont’d...)

• 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.”
2. Delegated legislation in U.S.A.
1. The doctrine of separation of powers (Montesquieu theory)
2. “Delegatus non – potest delegare” (a delegate cannot
further delegate his powers)
Case laws:
1) Panama Refining Co. v. Ryan (1935) 293 U.S. 388.(Hot Oil
Case)
• In this case Sce.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.
3. Delegated legislation in India
a. Pre - Constitution period
 R v. Burah(1878) 3 AC 889(Privy Council held conditional legislation is
valid)
 Jatinder Nath Gupta v. Province of Bihar (AIR 1949 FC 175)

B. Post – Constitution period

 Sec.7 of Delhi Laws Act, 1912 and Sec.2 of the Part – C
States(Laws) Act,1950.
 Excessive delegation:

1. The essential and primary legislative functions must be

performed by the legislature itself and they cannot be
delegated to the executive.
2. Essential legislative functions consist of determination of
legislative policy and its formulation as a rule of conduct.

3. The power has been delegated to the legislature by the

Constitution.

4. Abdication(Abandonment of sovereignty)
4. 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.
4. 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.

5. Powers and duties of courts:

a) 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
I. Permissible delegation (Functions which may be delegated):

1. 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.”

2. 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.
3. Inclusion:
 The Minimum Wages Act, 1948.
 The Essential Commodities Act, 1955.
4. Exclusion:
 Payment of Bonus Act, 1965( Sec.36).
5. 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.
6. Application of existing laws:
 The Income Tax Act,1961.
7. 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:
a) The need and necessity of delegating such power.
b) The danger or risk of misuse of such power by the executive.
8. Prescribing 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)

9. Framing of Rules:(rules, regulations, etc..)

a) Delhi Laws Act, 1950(AIR 1951 SC 332) Sec.7
b) 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.
10. Removal of difficulties (Henry VIII Clause)
a) 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.
b) 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.
II. Impermissible Delegation (Functions which may
not be delegated)
1) 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.

2) Repeal of law: It is an essential legislative function of the legislature

which cannot be delegated to the executive.
3) 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.
4) 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.

5) Removal of difficulties
6) Retrospective operation
7) Future Acts
8) Imposition of tax
9) Ouster of jurisdiction of courts
10) 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.
 Conditional Legislation
Definition:
1) 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.”

2) 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 situations 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)

1) A quasi-legislative capacity is that in which a public

administrative agency or body acts when it makes rules and
regulations.
2) Administrative agency rules are made only with the
permission of elected lawmakers.
3) Dozens of administrative agencies exist on the federal level,
and more exist on the state and local levels.(environmental
matters, department of revenue etc.)
4) Except where prohibited by statute or judicial precedent,
quasi-legislative activity may be challenged in a court of law.
5) 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 Govts 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: 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

I. Judicial Control

II. Parliamentary Control

III. Procedural Control

I. Judicial Control:
1) Substantive ultra vires:
2) Procedural ultra vires:
 Judicial Control
1) Substantive ultra vires – Grounds
A. Where Parent Act is unconstitutional
 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 appointments.
B) Parent Act delegates essential legislative functions
 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
1) 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.
2) 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, first, it retained the High Courts’ power of
judicial review and
• secondly, the Tribunals will filter out litigation if they were false or
frivolous before the jurisdiction of High Court is invoked.
C) DL is inconsistent with Parent Act
 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) DL is inconsistent with general 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.
1) 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.
2) 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.
3) 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
 Himat Lal K.Shah v. Commnr. 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) DL is unreasonable
 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) DL is Mala fide
 D.C. Wadhwa v. State of Bihar (AIR 1987 SC 579)
• The State of Bihar adopted a practice of repromulgating 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) DL is Arbitrary
 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
 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 ultravires since it went beyond the power conferred by
the Minister on the Corporation.
b. Sub-delegation of judicial power
 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
 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) DL Excludes of 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
 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 s. 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 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.”
 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 DL operates retrospectively
 Vijayalakshmi Rice Mills v. State of Andhra Pradesh (AIR 1976
SC 1471)
 Under s. 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 26 th 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.
2) Procedural Ultra vires:

1. 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.
2. 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.
3. 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 mMines 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.
4. Postnatal publicity (Post-publication)
 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.
II. Legislative Control:
 Modes:
1. Laying on Table and its types
2. Scrutiny Committees
1. 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
considerations.
2. Scrutiny Committees:
• (1)The Lok Sabha on Subordinate Legislation and 2) the Rajya Sabha
Committee on Subordinate Legislation)
• As there was no uniform practice in the laying procedure, the
Scrutiny Committee made the following suggestions -

1) All Acts of Parliament should uniformly require that the rules

shall be laid on the table of the House as soon as possible.
2) This period should be uniform and should be a total period
of 30 days from the date their publication.
3) The rules will be subject to such modification as the Houses
may like to make.
 Function of Scrutiny Committees:

1) 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.

2) 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

1. Delegated legislation saves limited time of Parliament.

2. It allows rapid change.
3. Elected representatives lack detailed or technical
knowledge. e.g. Specific details in rocket technology,
nuclear technology etc.
4. Quick response to new developments.
5. It enables minor changes to statutes.
6. Judicial review may be sought, by parties with locus
standi (i.e. Persons sufficiently affected by the
legislation).
 DISADVANTAGES

1. Implies that Parliament has insufficient time to scrutinise

it. Parliament is not reviewing legislation properly.
2. Sub-delegation of powers is a further problem which
causes complexity and confusion.
3. Sheer volume causes complexity - it is impossible for
anyone to keep abreast of all delegated legislation.
4. Lack of publicity, not known about by the public.
5. 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.
6. Henry VIII clause can give power to delegated legislation or
amend or repeal Acts of Parliament.
Thank You