Delegated Legislation
/ˈdɛlɪɡeɪtɪd ˌlɛdʒɪsˈleɪʃən/
Legal Term
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Definition
Law made by bodies other than the legislature (Parliament or state assemblies) under powers delegated to them by a parent Act. It includes rules, regulations, notifications, orders, and bye-laws made by the executive or local bodies. While necessary for administrative efficiency, it must not exceed the parent Act's scope (ultra vires) and is subject to parliamentary oversight and judicial review.
Examples
Case Study
In D.S. Garewal v. State of Punjab (1959), the Supreme Court held that the legislature cannot delegate its essential legislative functions — it may only delegate the power to fill in details within a framework the legislature itself provides. This is the doctrine of 'excessive delegation.' Conversely, in Hamdard Dawakhana v. Union of India (1960), the Court held that sufficiently detailed guidelines in the parent Act can validate broad delegated powers.
Key Cases
Hamdard Dawakhana v. Union of India
1960AIR 1960 SC 554
Laid down tests for valid delegated legislation: the parent Act must provide adequate guidelines ('intelligible differentia'), and the delegated power must not exceed those guidelines. Foundational for the vires of subordinate legislation.
View on Indian Kanoon →Re Delhi Laws Act (1912)
1951AIR 1951 SC 332
7-judge bench. Settled that Parliament can delegate legislative powers to the executive, subject to constitutional limitations. Legislature cannot abdicate its essential functions. Foundational Indian case on the nature of delegated legislation.
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