ALIGARH MUSLIM UNIVERSITY

ALIGARH
DEPARTMENT OF POLITICAL SCIENCE
Subject : PUBLIC ADMINISTRATION WITH SPECIAL REFERENCE
TO INDIA
Paper code: PAM 2003
Topic: Deligated legislation: Meaning, Advantages and
Disadvantages
Submitted by:
MUSHEER AHMAD
Class: M.A (Public administration)2nd
semester
Faculty no:19 PAM 14
Enrollment no:GI7478
Submitted to:
DR MOHAMMAD ASLAM
Assistant professor department of political science AMU Aligarh
INTRODUCTION:
In the realm of legal theory, delegated legislation is one of the most
debatable issues because of its various implications. Indian democracy
is said to rest on the acclaimed four pillars and these are the legislature,
the executive, the judiciary, and the press. These pillars are empowered
by the constitution not to interfere in the matters of others. As per the
Constitution, the legislative has legislative powers and the Executive
has the power to execute the laws. Similarly, the Judiciary has the
power to resolve dispute and to met out justice. But we have to keep in
mind that there are multifarious functions that have to be performed
by the Legislature in welfare states and it is not an easy task for the
legislature to look after every matter.
In contrast to this increasing legislative activity, the legislatures are not
able to find adequate time to legislate on every minute detail. They
have limited themselves to policy matters and have left a large volume
of area to the Executive to make rules to carry out the purposes of the
Legislature. In such types of situation, the system of delegated
legislation comes to our mind. Therefore, the need for delegation is
necessary and is sought to be justified on the ground of flexibility,
adaptability and speed. This delegation is also known as ‘secondary
legislation’ or ‘subordinate legislation’. The Act that gives the executive
the power to legislate is called the ‘Enabling Statute’ or ‘Parent Act’.
The standard of rule of the majority has made authoritative controls
inadequate. The term delegated legislation is hard to characterize.
MEANING OF DELEGATED LEGISLATION:
Delegation’ has been defined by Black’s Law Dictionary as an act of
entrusting a person with the power or empowering him to act on behalf
of that person who has given him that power or to act as his agent or
representative. ‘Delegated legislation’ means exercising of legislative
power by an agent who is lower in rank to the Legislature, or who is
subordinate to the Legislature. Delegated legislation, additionally
alluded to as an auxiliary legislation, is an enactment made by an
individual or body other than Parliament. Parliament, through an Act of
Parliament, can allow someone else or some body to make enactment.
An Act of Parliament makes the system of a specific or particular law
and tends to contain an outline of the purpose for the Act. By
delegating the legislation by Parliament to the Executive or any
subordinate, it empowers different people or bodies to integrate more
details to an Act of Parliament. Parliament along these lines, through
essential enactment (for example an Act of Parliament), licenses others
to make laws and guidelines through delegated legislation. The
enactment made by authorize person must be made as per the reason
set down in the Act of Parliament.
According to Sir John Salmond, “Subordinate legislation is that which
proceeds from any authority other than the sovereign power.”
Justice P.B Mukherjee also observed about delegated legislation that it
was an expression which covered a multitude of confusion. He viewed
it as an excuse for the Legislature, a shield for Executors and a
provocation to the Constitutional Jurist.
According to M.P Jain, this term can be used in two senses.
Exercise by subordinate agency or agency that is lower in rank to
legislature delegated to it by the Legislature.
The Subsidiary rules made by the Subordinate Authority in the
execution of the power bestowed on it by the Legislature.
Delegated legislation is, referred to as Subordinate, Ancillary,
Administrative legislation, and Quasi-Legislation.

ADVANTAGES OF DELEGATED
LEGISLATION:
1. Delegated Legislation Saves Time of the Parliament:
The types of activities that are now falling under the government sphere are so
complex and voluminous that the Legislature has neither the time nor the
capacity to make laws for their regulation. Therefore, it delegates some of its
powers to the executive, in order to avoid being bogged down in the burden of
details.
2. Delegated Legislation Makes for Flexibility:
Statutes create rigidity in administration, but administrative legislation is more
adaptable to changing circumstances. It is specially useful in those branches of
administration which are liable to occasional changes and where repid technical
developments are taking place almost daily.
3. Emergencies Met:
It is better to clothe the administrative agencies with the necessary discretion to
deal with the possible contingencies which may arise in the application of law
since the legislature is unable to foresee and provide for all them.
4. Delegated Legislation can be easily done in Consultation with the Interests
Affected:
Prior consultation with the interests likely to be affected is necessary to make
legislation affective. The drafting of the rules may and often does permit
conference between the government and the vested interests affected and
consequently results in a broad agreement which tends towards voluntary
compliance.
5. Average Legislator:
An average legislator is a layman. He is not acquainted with the complexities of
modern legislation. Hence he passes the bills in skeleton form and leaves the
details to be filled up by the executive.
6. Impact of Science and Technology:
Due to impact of science and technology the functions of the modem state have
got multiplied. Thus the powers of the legislature have also considerably
enhanced. It can hardly cope with powers which are even on the increase. Hence
it has delegated power of law making to the executive.
7. New Standards to be set up:
Growth of delegated legislation can also be attributed to the need of setting up of
new standards in the social interest. To ensure national minimum of health
education, housing and sanitation to everybody, the expert knowledge is
required.
8. Administrative Legislation Provides for Expert Legislation:
The rules are drafted by experts in the appropriate departments who are familiar
with the actual conditions. The details can be much better worked by them than
by the lay members of the legislature.
DISADVANTAGES OF DELEGATED
LEGISLATION:
1. Undemocratic Procedures:
Legislation comes as a result to undemocratic processes and procedures. In terms
of by-laws, it is arguable that those are democratic considering they are created
by elected bodies. Thus, they can only make by-laws in so far as they have been
given authority to do so based on an enabling Act of the local government.
2. Apparent Lack of Debate:
The apparent lack of debate and publicity that should be associated with a form
of secondary legislation has also been noticeable. The enabling Act should have
been subject for some public debate as well as consultation delegated by the
legislation with its very nature to be a lot wordy and more complex meaning
which will not be that easy to be understood or be accessible by the people.
3. Problem of Sub-Delegation:
The arousal of sub-delegation may come when the responsible body for the
creation of legislation has not been able to deal with it directly. Thus, the creation
of sub-delegation will give the job to other parties. As a result, this will cause
problems as the other parties should not be accountable at the same way as
those who created the legislation.
4. The Wording of Delegated Legislation:
Another problem when it comes to delegated legislation is the wording that can
be obscure and technical in nature that should make it hard to understand. This
was the trait shared with the Acts of Parliament.
5. Dependence on Individuals Making Claims to Review Legislation:
One more limitation about delegated legislation is that it renders the courts
unable to review such legislation. Thus, it will become dependent to those who
made the claim and brought the matter to the courts’ attention. Since the courts
don’t have any general authority to keep such legislation to be reviewed, it poses
a problem. This is because the process should be time-consuming and costly.
More so, reviewing the matter can only be conducted if the individual claims do
have the necessary funding. As a result, the effectiveness of the judicial review to
remedy this condition should be severely limited.
6. Influence of the High Courts:
In comparison to the primary legislation, the term delegated legislation can be
influenced by the High Court. Hence, they can quash the said legislation as it has
been made by people who aren’t directly elected. Thus, it could limit the control
of their power. Nevertheless, it can be dependent on the people making those
claims as they bring matters in consideration of the courts.
The time of the Parliament has been limited and the government will have a
legislative program that should keep the Parliament busy. Thus, the Parliament
will have no time to scrutinize the debate complex and regulations and technical
rules. Perhaps the advantages and disadvantages presented here can provide a
clear understanding regarding the significance or insignificance of delegated
legislation. It may or may not be a significant factor for some, but it should be a
concern for everyone.

CONCLUSION:
In the end we can conclude that the delegated legislation is important in the wake
of the rise in the number of legislations and technicalities involved. But at the
same time with the rise in delegated legislation, the need to control it also arises
because with the increase in the delegation of power also increases the chance of
the abuse of power. The judicial control apart from the legislative and procedural
control is the way how the delegation of power can be controlled. Thus, the
delegated legislation can be questioned on the grounds of substantive ultra vires
and on the ground of the constitutionality of the parent act and the delegated
legislation. The latter can also be challenged on the ground of its being
unreasonable and arbitrary