The document discusses conditional legislation and sub-delegation, highlighting their definitions and key differences. Conditional legislation allows administrative authorities to determine the applicability of laws based on specific conditions, while sub-delegation permits further delegation of legislative powers to subordinate authorities. Case law examples illustrate the distinctions and implications of these legislative frameworks.

1. PRESENTATION OF ADMINISTRATIVE LAW
NAME:- NEETESH KUMAR
UID:- 21FLICJHN01013
PROGRAM:- BBA-LLB(H)
SEMESTER:- VI
TOPIC:- CONDITIONAL LEGISLATION AND SUB DELIGATION

2. INTRODUCTION
CONDITIONAL LEGISLATION:- Conditional legislation may also be called contingent
legislation. In this type of legislation, a statute provides powers to the
administrative authority to determine when a law should be applied or when it
comes into force. but adds some specifications along with them. These
specifiers are conditions, and when these conditions are fulfilled, the powers of
the delegated authority become activated. Hence, the authority is empowered
to determine, based on its own judgement, whether these conditions are
fulfilled or not.

3. SUB-DELIGATION LEGISLATION:- This kind of delegation happens when an
administrative authority on whom legislative powers are conferred upon by
Parliament further delegates these powers to another subordinate authority. This is
permitted only if the Parent Act contains provisions that enable such a kind of
delegation. The maxim, “delegatus non potestdelegare,” indicates that sub-
delegation of powers is not permissible, although the legislature can always
provide for it.

4. DIFFERENCE BETWEEN CONDITIONAL LEGISLATION AND SUB DELEGATION LEGISLATION
CONDITIONAL LEGISLATION:-
1.In this, the subordinate authorities are not delegated to legislate.
2.It is contingent and conditional. It is only a time factor. Upon reaching certain
time or circumstance, the readymade Act (legislated by supreme legislative
authority) is put into force.
3.The subordinate authorities cannot use their discretionary power. It is their
only duty to apply the law after fact finding (e.g. to inquire whether facts
requiring operation of the Act exist).
4.The conditional legislation delegate’s power is that of determining when a
legislative declared rule of conduct shall become effective.

5. SUB-DELEGATION LEGISLATION
1. In this, the subordinate authorities are delegated and empowered to
‘legislate’.
2. There is no such condition or contingency.
3. The subordinate authorities use their ‘OWN DISCRETION’ in making
the legislation.
4. The Supreme Court in HAMDARD DAWAKHANA’S case pointed out
the distinction between them as follows: “delegated legislation involves
delegation of rule-making power which constitutionally may be
exercised by the administrative agent.

6. CASE LAWS
• The doctrine of Conditional Legislation was laid down in the case of Empress v.
Abdullah, 1878.
Their Lordship have observed that where plenary powers of Legislation exist as to
particular subjects in an Imperial or in a Provincial Legislation they may be well
exercised , either absolutely or conditionally.
• In the case of Jagriti v. State, 1994, A.P. High Court stated that a legislature when
enacting a legislation which is otherwise complete, may leave it to an external
authority to decide whether the facts necessary for bringing into force the legislation
are in existence.
The power to extend the period of duration of legislation can also be entrusted to any
external agency to decide as to whether the facts which were in existence and which
justify enactment continue to subsist. Such an enactment is conditional legislation
which cannot be assailed as enabling excessive legislation.

7. • In Sardar Inder Singh v. State of Rajasthan, AIR 1957, it was laid down that when an appropriate
Legislature enacts a law and authorizes an outside authority to bring it into force in such area or at
such time as it may decide, that is conditional and not delegated legislation.
• State of T.N. v. K Sabanayagam, AIR 1998 the Supreme Court held-
“In the former the delegate's power is that of determining when a legislative declared rule of conduct
shall become effective : Hampton and Co. v. U.S., (1927) 276 US 394, and the latter involves delegation
of rule-making power which constitutionally may be exercised by the administrative agent. This means
that the legislature having laid down the broad principles of its policy in the legislation can then leave
the details to be supplied by the administrative authority. In other words by delegated legislation the
delegate completes the legislation by supplying details within the limits prescribed by the statute and in
the case of conditional legislation the power of legislation is exercised by the legislature conditionally,
leaving to the discretion of an external authority the time and manner of carrying its legislation into
effect as also the determination of the area to which it is to extent.

8. CONCLUSION
Conditional legislation though a kind of delegated legislation is
different from it as the latter includes conferring law-making power to
another body, but the former is only for bringing the law in force by
another body without having any law-making power. Both the jobs are
being done by delegates, but one involves law making and the other
involves implementing the same. The point of commonality being that
both are done by delegates with a motive of better implementation and
usage of law. One with framing supporting rules, guidelines,
notifications and the other with method and satisfying conditions for
execution of the law made by the assembly accordingly. In the end,
delegated legislation be it of any kind is working under the umbrella of
powers given by the law-making bodies of central and state
governments respectively.

9. THANK YOU