Delegated Legislation: Types, Advantages & Judicial Oversight

Delegated legislation means regulations or laws enacted by a person or body under powers given to them by an Act of Parliament or State Legislature. This allows the legislature to delegate specific powers to the executive or other subordinate authorities. It gives them the power to formulate detailed rules and regulations in order to carry out the provisions of the broader legislative statutes. Delegated legislation in India is important in governance as it brings into much needed flexibility and efficiency in the legislation process.

Historical Background

The concept of delegated legislation in India goes back to the colonial period when the British government exercised significant administrative powers. Even post-independence, the Indian Constitution continued this tradition and accepted that there was a need for the delegation of legislative power to deal with complex administrative functions. In India, the growth of delegated legislation has been according to the increase of state responsibility in economic regulation, social welfare, and public health.

Constitutional Framework

• Article 312: Although, the Indian Constitution does not explicitly mention delegated legislation. The Supreme Court in the case of D. S. Garewal vs. The State Of Punjab And Another (1958) held that Article 312 while using the term “Parliament may by law provide” does not inherently prohibit the delegation of legislative power. down the provisions regarding the delegation of legislative power. 

• Separation of Powers: The Indian Constitution provides for clear separation of powers among the legislature, executive, and judiciary. The legislature makes laws; however, it can delegate the authority to the executive to make regulations or rules within the framework of the parent enactment.

• Article 13(3): It provides that regulations formed under delegated legislation fall under “law”. 

• Judicial Review: The judiciary can scrutinise delegated legislation to check if it is crossing the lines drawn by the parent Act or violates constitutional provisions.

Types Of Delegated Legislation

Delegated legislation in India is of various forms:

• Statutory Instruments: In this form, it consists of all the rules and regulations framed under the authority of a specific Act.

• Subordinate Legislation: Formed by an entity or body that is subordinate to the legislature like government ministries, local authorities, or public corporations.

• Conditional Legislation: It refers to describing laws where certain conditions must be fulfilled before they come into effect. It often leaves the specifics to be determined by the executive. 

Advantages Of Delegated Legislation

• Efficiency: Delegating the intricate and technical areas of the policy issues to the executive enables the legislative bodies to concentrate on the wider policy issues.

• Flexibility: Makes it easy to adjust to changing situations, especially in fields like public health, finance, and technology.

• Expertise: More knowledge-based and pragmatic legislations are usually taken care of by technical bodies or ministries.

• Saves time: Reduces the burden of legislatures and laws implemented within time.

Concerns And Challenges

Despite the benefits of delegated legislation, it has a number of problems linked with it:

• Excessive Delegation: There is always a possibility of legislative overreach in which the executive might go ultra vires its authorities, undermining parliamentary sovereignty.

• Lack of Accountability: Subordinate legislation is not typically subjected to much scrutiny as primary legislation, leading to potential misuse.

• Obscurity of Processes: The rule-making process can sometimes be obscure; the public consultation or debate may not be so comprehensive in some processes.  

• Judicial Challenges: It is quite often that the Courts will have to intervene to strike down ultra vires delegated legislation, which results in delays and legal uncertainties.

Judicial Oversight

The judiciary ensures that the constitutional norms are followed by the delegated legislation. Courts have formulated several doctrines pertinent to determining the validity of delegated legislation:

• Doctrine of Ultra Vires: The delegated legislation should fall within the parent statute's limits. If the delegated legislation trespasses beyond those limits, it is ultra vires and invalid.

• Doctrine of Excessive Delegation: Court checks whether the legislature has delegated essential legislative functions, which is forbidden.

• Doctrine of Reasonableness: Delegated legislation cannot be arbitrary or unreasonable and if it is arbitrary or unreasonable, it can be set aside.

Key Judgements

In Re Delhi Laws Act Case (1951)

It is a landmark judgement where the Supreme Court laid down principles regarding the delegation of legislative powers to the executive. In this, the Court held that though delegation is permissible, it must be strictly done within the limits set by the Constitution to maintain the separation of powers.

Rajnarain Singh vs. The Chairman, Patna & Ors. (1954)

The Court recognized that an executive authority could be clothed by the legislature with authority to modify existing or future laws. This exercise of power, however, was allowed only insofar as it did not alter the “essential features” of the legislature.

The Court, however, held that changes could not include a change in policy. This principle is based on the fact that “essential legislative function consists in the determination of the legislative policy and its formulation as a binding rule of conduct.”

Harishankar Bagla And Another vs. The State Of Madhya Pradesh (1954)

In this case, the Supreme Court held the following regarding delegated legislation:

• Essential legislative powers cannot be delegated.

• The legislature must provide a standard to guide the application of the law.

• The legislature must select the instrumentalities of the delegated power.

• By-passing a law is not the same as repealing or abrogating it.

Parliamentary Oversight

Delegated legislation is further subjected to the watchful eye of Parliament. It is as follows:

• Committees on Subordinate Legislation: Both Houses of Parliament have special committees to scrutinise whether the rules and regulations made under delegated powers are valid and appropriate or not.

• Laying of Rules: Rules and regulations should be laid before Parliament, providing an opportunity for members to discuss it. 

Conclusion

Delegated legislation is a necessary part of the modern legislative process. It allows the government to incorporate complex rules and regulations in the most effective manner. Nevertheless, it must be subject to robust oversight that prevents its abuse and guarantees democratic accountability. Judicial review and parliamentary scrutiny ensure that delegated legislative power remains within the constitutional limits.