This document provides an overview of delegated legislation in India. It defines delegated legislation as laws made by authorities other than the legislature, with powers delegated by the legislative body. The reasons for the growth of delegated legislation include technical issues that legislators lack expertise in, pressure on parliamentary time, the need for flexibility, enabling experimentation, and addressing emergency situations. While it has advantages like expertise and flexibility, delegated legislation is also criticized for reducing parliamentary scrutiny and being against democratic principles. The document outlines two relevant case laws on delegated legislation.

1. Delegated Legislation
&
Need for Delegated
Legislation
Presentation by Rahul
Jaiswar
SY LL.B / Roll No. 27
ADMINISTRATIVE LAW

2. Introduction
• It is a very important part of Administrative law.
• The Constitution of India empowers legislature to make
laws for the Country. One of the significant legislative
functions is to determine a legislative policy and to
frame it as a rule of conduct. Obviously such powers
cannot be conferred on other institutions. But keeping
in mind various multifarious activities of a welfare
state, it is not possible for the Legislature to perform
all the functions. In such situations, the Delegated
Legislation comes into picture.
• It is therefore necessary for it to give some of its
powers to the Executive to make laws.
• Legislature gives this power in an Parent Act.

3. Meaning
• Delegated Legislation is also called as Subordinate or
Subsidiary Legislation.
• A law made by a person or body other than the
Legislature and the power given by Legislative itself.
• According to Salmond, Delegation refers to idea that
some powers are exercised by authorities other than
sovereign power and these powers can only be exercised
upon approval from superior authority.
• These powers include power to frame rules, regulation,
by-laws etc.

4. Reasons for Its Growth
• Technical Issues- Members of Parliament, not being experts in
technical matters, cannot be expected to legislate on technical
issues where the assistance of experts is required. MPs may be
the best politician but certainly not the best experts in fields
as diverse as labour, tax, gas, drugs, electricity & so on. Rules
and regulations pertaining to such matters are best left to
experts in the respective fields.
• Pressure on Parliamentary time- Delegated Legislation reduces the
burden of already overburdened Legislature by enabling the
executive to make or alter the law under the authority of
Legislature. Thus, this helps the Legislature to concentrate on
more important matters and frame policies regarding it.
• Flexibility- Delegated legislation often covers those situations
which have not been anticipated by the Parliament during the time
of enacting legislation, which makes it flexible and very useful
to law-making. Delegated legislation is, therefore, able to meet
the changing needs of society and also situations which
Parliament had not anticipated when they enacted the Act of
Parliament.

5. Reasons for Its Growth
• Experimentation- There is a lot of scope for
experimentation in the administrative process. Take for E.g
the road transport authorities in this case can frame a new
rule, try it out for some time, and if found unsuitable or
unsatisfactory or unworkable, may modify or even repeal it
without much formality. (Explain Cyrus Mistry’s Accident
Case)
• Emergency Situations- Quick actions is needed in the times
of emergencies like war, internal disturbances, floods,
epidemic, strikes, lock-outs, bandhs etc. the lengthy
legislative process is just not suited for such situations,
and if the executive is armed with special powers, the
situation can be kept under control. No wonder there was a
phenomenal growth of Delegated legislation during the
recent Covid Pandemic.

6. Advantages
• Technical Issues
• Pressure on Parliamentary time
• Flexibility
• Experimentation
• Emergency Situations

7. Criticism
• The delegated legislation enables authorities
other than legislation to make and amend laws
thus resulting in overlapping of functions
• It is subjected to less scrutiny and less
parliamentary control and this can lead to
inconsistencies in the law.
• It is against the spirit of democracy as too
much delegated legislation is made by unelected
people.
• The Law made by a Statutory Authority not
notified to the public, hence the delegated
legislation generally suffers from a lack of
publicity.

8. Case Laws
In Re, Delhi Laws Act, 1912 (AIR 1951 SC 332)
Facts:
The 1st Case decided by the S.C on this point. The President of India made a
reference to the S.C which was heard by a Bench of 7 Judges each of whom
unfortunately wrote a separate opinion. The Basic question raised before the
court was the validity of the Part C States (Laws) Act, 1950. This Act
authorised the Central Govt. to extend any act in force in Part A State to any
Part C State with such modifications and restrictions as it thought fit. While
doing so the Central Govt. could also repeal or amend any corresponding State
Law which was in force in that Part C State.
Held :
There must be clear cut separation of power between the Primary law making body
and Secondary law making body.
Legislature cannot delegate the power of original law making to the executive.
Delegated Legislation is not unconstitutional and hence valid provided it
observed the canon of separation of powers.
Delegate’s non potest delegare, which means that a power that has been delegated
delegated an further.

9. Case Laws
 Hamdard Dawakhana v. Union of India, AIR 1960
SC 554
In 1960, the S.C struck down a provision in
the Drugs and Magical Remedies (Objectionable
Advertisements) Act, 1954, as ultra vires. Sec. 3
of this Act lays down a list of diseases for which
advertisements are prohibited and the Act gave
power to the Central Government to expand this list
by adding any other diseases in the list. This
delegation was held by the court to be invalid as
no principles, standards or criteria were laid down
in the Act for such additions. Such a power was
held to be uncontrolled and unguided, and
therefore, not valid.

10. Conclusion

11. Thank You!!!