Rahul DL.pptx
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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.
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Administrative law pratik
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
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This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
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This document discusses the concept of delegated legislation in India. It defines delegated legislation as legislation made by a body other than the sovereign Parliament using powers delegated by statute. It notes that delegated legislation can take various forms like rules, regulations, and orders. The document also discusses the reasons for the growth of delegated legislation, how it differs from primary legislation, and how it can be classified based on the delegating authority, purpose, and form.
LEGISLATION STATUTORY INTERPRETATION(Source of Law).ppsx
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Constitutional Validly Of Delegated Administration & Control Over.pptx
This document discusses constitutional validity and control over delegated legislation in India. It summarizes several important court cases that have established principles: [1] Delegated legislation must be consistent with the parent act and not violate its legislative policies; [2] Unlimited delegation of power is not permitted; criteria or standards must be provided; [3] Judiciary can strike down delegated legislation that violates fundamental rights or is ultra vires. It concludes that parliamentary and judicial oversight help ensure delegated legislation remains within its valid scope in India.
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Administrative law defines the relationship between individuals and the state. It deals with the organization, powers, and duties of administrative authorities and the procedures they follow in exercising their powers. Administrative law provides judicial review of administrative actions and remedies for when public rights are violated. In India, administrative law is largely judge-made law developed through judicial interpretation to address changing needs. The scope of administrative law is limited to the establishment, powers, and procedures of administrative agencies as well as remedies for infringed rights. It has grown due to the changing role of the welfare state, limitations of the judicial system, need to delegate powers, and ability to experiment with administrative rules.
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This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
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Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
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This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
Delegated legislation
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This document discusses the concept of delegated legislation in India. It defines delegated legislation as legislation made by a body other than the sovereign Parliament using powers delegated by statute. It notes that delegated legislation can take various forms like rules, regulations, and orders. The document also discusses the reasons for the growth of delegated legislation, how it differs from primary legislation, and how it can be classified based on the delegating authority, purpose, and form.
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Constitutional Validly Of Delegated Administration & Control Over.pptx
This document discusses constitutional validity and control over delegated legislation in India. It summarizes several important court cases that have established principles: [1] Delegated legislation must be consistent with the parent act and not violate its legislative policies; [2] Unlimited delegation of power is not permitted; criteria or standards must be provided; [3] Judiciary can strike down delegated legislation that violates fundamental rights or is ultra vires. It concludes that parliamentary and judicial oversight help ensure delegated legislation remains within its valid scope in India.
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Administrative law defines the relationship between individuals and the state. It deals with the organization, powers, and duties of administrative authorities and the procedures they follow in exercising their powers. Administrative law provides judicial review of administrative actions and remedies for when public rights are violated. In India, administrative law is largely judge-made law developed through judicial interpretation to address changing needs. The scope of administrative law is limited to the establishment, powers, and procedures of administrative agencies as well as remedies for infringed rights. It has grown due to the changing role of the welfare state, limitations of the judicial system, need to delegate powers, and ability to experiment with administrative rules.
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Delegated legialation ppt by prity
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
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This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
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The constitution regulates the structures and functions of the principle organs of the Government. It also regulates relationship between the institutions of the government by setting out balance of power among them. Separation of power is a means to balance the power among these three branches of government. The three branches are Legislative, Executive and Judiciary.
Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory.
The modern design of the doctrine of separation of powers is to be found in the constitutional theory of John Locke (1632-1704).He wrote in his second treaties of Civil Government as follows: “It may be too great a temptation for the humane frailty, apt to grasp at powers, for the same persons who have power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the law, both in its making and execution to their own private advantage” .
Any act done by Executive, Legislative or Judiciary cannot violate the Doctrine of separation of power because on each of these branches there are other two branches to check their acts and decisions given by them. Every branch has to give explanation about their each and every act and decision. Any wrong, unconstitutional or null and void decision taken by them can cause the impeachment order or arbitrary action against them.
This paper talks about the Doctrine of Separation of powers, Definition of Separation of Power, from where this doctrine has been adopted, violation of doctrine of separation of power, steps taken by government to control the violation of Doctrine of SOP . It also discuss the articles under which all the three branches of the government have their separate power. Role of all the three branches of government, relationship between Doctrine of SOP and Judicial Accountability. This paper will also discuss the relationship among all three branches of the Government and accountability of judiciary.
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Admin law final project
This document is a student project on the role and importance of sub-delegated legislation. It was submitted by Baby Ramya to Symbiosis Law School, NOIDA in 2012 under the guidance of Prof. Vikram Singh for partial fulfillment of an assessment in Administrative Law. The project defines sub-delegated legislation and discusses its key characteristics and types. It explains that sub-delegated legislation involves a delegate further delegating powers, and may occur through multiple stages. The project analyzes sub-delegation of legislative, judicial and administrative powers, and the circumstances in which sub-delegation is permitted or not permitted.
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This document discusses the rise of administrative law in India. It notes that the increasing role of the state, an overburdened judicial system unable to efficiently handle complex disputes, and the legislature's inability to adequately make detailed rules all contributed to the growth of delegated legislation. This allowed administrative authorities to make rules with more flexibility and expertise. However, concerns remained around permissible limits of legislative delegation. The document outlines key court cases that helped shape the understanding of these limits during different periods when the Privy Council, Federal Court, and Supreme Court acted as the highest court of appeal in India.
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This document provides an overview and introduction to the course Introduction to Administrative Law. It discusses the key topics that administrative law deals with, including the formation, staffing, and funding of agencies, rulemaking and adjudications by agencies, and judicial review of agency actions. It outlines reasons for studying administrative law and different areas of practice. It also describes the approach and materials for the course, including a focus on both legal and policy issues in administrative law.
Admin concept and procedure
Administrative law governs the organization of government and determines the powers of administrative authorities. It provides individuals relief against unlawful administrative actions. Administrative agencies perform rule-making and adjudicatory functions other than courts and legislatures. Constitutional law establishes the framework of government while administrative law carries out this framework. Administrative bodies have expertise in specialized fields while courts have legal expertise. The primary function of administrative bodies is regulation, while courts decide legal rights.
"CONSTITUTIONAL AND ADMINISTRATIVE LAWS"
Summary:
Comparative studies of laws is done to study of differences and similarities between the law of the country and to know it’s effectiveness. Comparative law is the study of differences and similarities between the law (legal systems) of different countries. It includes various processes such as analyzing the laws and comparing them on a different basis.
Meaning:
It emphasizes on the legal mechanisms being adopted by countries and compares them. It is not a separate branch of law but just a method to analyze different versions of the law. Comparative law is a way to build a basic foundation through which laws all over the world operate.
Constitutional Law:
It is the body of law which defines the powers, rules and regulations and structure of the different entities namely the Legislature, Executive, and the Judiciary as well as the basic rights of the citizens and in the federal countries like Canada, USA and even India it consists of the relationship between the central government and the State Government. According to Holland, “the constitutional law describes the various organs of the government at rest while administrative law describes them in motion”.
Administrative Law:
Administrative law deals regarding the administration of the agencies of the government such as police areas, environment etc. It is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. According to Mait Land, constitutional law deals with structure and the broader rules which regulate the function while administrative law deals with the details of those functions. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Both constitutional law and administrative law are parts of the public law it cannot be totally separated from each other. Constitutional law is the most important source of Administrative law in India. It is the origin and soul of Administrative law. In other words, we can say that constitutional law is the mother of Administrative law.
DOCTRINE OF WATERSHED:
This doctrine defines the relationship between the Constitution and the administrative law as defined by the dicey and Holland. This doctrine establishes a proper demarcation between both these laws. With regard to this doctrine when one draws two circles marking one as Constitutional law and other as the administrative law, they may overlap at some areas and these overlapping areas are known as watersheds. Administrative law regulates institutions whose powers are delegated that are 'administrative institutions'. It can be said that the Indian Constitution, is the supreme law of the land.
What are the characteristics of a constitution
The document discusses the key characteristics and functions of a constitution. It notes that a constitution establishes the structure of government by creating legislative, executive, and judicial branches with checks and balances. It also divides power between the federal and state governments. Additionally, the constitution serves as the foundation of rule of law in a state by outlining the powers of different government organs and citizens' rights and duties. Finally, the constitution provides legitimacy and stability to the government while linking the state and citizens.
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Lifting the Corporate Veil. Power Point Presentation
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory.
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This document provides an overview and introduction to the course Introduction to Administrative Law. It discusses the key topics that administrative law deals with, including the formation, staffing, and funding of agencies, rulemaking and adjudications by agencies, and judicial review of agency actions. It outlines reasons for studying administrative law and different areas of practice. It also describes the approach and materials for the course, including a focus on both legal and policy issues in administrative law.
Admin concept and procedure
Administrative law governs the organization of government and determines the powers of administrative authorities. It provides individuals relief against unlawful administrative actions. Administrative agencies perform rule-making and adjudicatory functions other than courts and legislatures. Constitutional law establishes the framework of government while administrative law carries out this framework. Administrative bodies have expertise in specialized fields while courts have legal expertise. The primary function of administrative bodies is regulation, while courts decide legal rights.
"CONSTITUTIONAL AND ADMINISTRATIVE LAWS"
Summary:
Comparative studies of laws is done to study of differences and similarities between the law of the country and to know it’s effectiveness. Comparative law is the study of differences and similarities between the law (legal systems) of different countries. It includes various processes such as analyzing the laws and comparing them on a different basis.
Meaning:
It emphasizes on the legal mechanisms being adopted by countries and compares them. It is not a separate branch of law but just a method to analyze different versions of the law. Comparative law is a way to build a basic foundation through which laws all over the world operate.
Constitutional Law:
It is the body of law which defines the powers, rules and regulations and structure of the different entities namely the Legislature, Executive, and the Judiciary as well as the basic rights of the citizens and in the federal countries like Canada, USA and even India it consists of the relationship between the central government and the State Government. According to Holland, “the constitutional law describes the various organs of the government at rest while administrative law describes them in motion”.
Administrative Law:
Administrative law deals regarding the administration of the agencies of the government such as police areas, environment etc. It is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. According to Mait Land, constitutional law deals with structure and the broader rules which regulate the function while administrative law deals with the details of those functions. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Both constitutional law and administrative law are parts of the public law it cannot be totally separated from each other. Constitutional law is the most important source of Administrative law in India. It is the origin and soul of Administrative law. In other words, we can say that constitutional law is the mother of Administrative law.
DOCTRINE OF WATERSHED:
This doctrine defines the relationship between the Constitution and the administrative law as defined by the dicey and Holland. This doctrine establishes a proper demarcation between both these laws. With regard to this doctrine when one draws two circles marking one as Constitutional law and other as the administrative law, they may overlap at some areas and these overlapping areas are known as watersheds. Administrative law regulates institutions whose powers are delegated that are 'administrative institutions'. It can be said that the Indian Constitution, is the supreme law of the land.
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- 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!!!