Meaning and Concept of Subordinate Legislation
Subordinate legislation, also known as delegated legislation, refers to laws made by an authority other than the legislature under powers delegated to it by a statute. Since modern legislatures cannot handle all technical and detailed matters, they delegate rule-making powers to the executive or administrative authorities. Subordinate legislation includes rules, regulations, bye-laws, orders, and notifications. Its validity depends on the parent Act under which it is made. In India, the constitutional basis for subordinate legislation can be traced to Article 245 (legislative power) read with Article 13, which mandates that all laws, including delegated legislation, must be consistent with fundamental rights. Thus, subordinate legislation ensures flexibility, efficiency, and administrative convenience in governance.
Legal Basis and Statutory Control
Subordinate legislation derives its authority from an enabling or parent statute. For example, Section 25 of the Environment (Protection) Act, 1986, empowers the Central Government to make rules for environmental protection. Similarly, Section 38 of the Arms Act, 1959, authorizes the government to frame rules for regulating arms and ammunition. However, delegated powers are not unlimited. Courts ensure that subordinate legislation does not exceed the scope of the parent Act (ultra vires doctrine). Parliamentary control, such as laying rules before the legislature, and procedural safeguards act as checks. This ensures that delegated law-making remains within constitutional and statutory limits.
Judicial Review and Importance
Judicial review plays a vital role in controlling subordinate legislation. Courts can strike down delegated legislation if it is ultra vires the Constitution, beyond the parent Act, arbitrary, or unreasonable. In In re Delhi Laws Act (1951), the Supreme Court upheld the validity of delegated legislation but emphasized that essential legislative functions cannot be delegated. Subordinate legislation is important because it allows quick responses to changing circumstances, technical expertise in rule-making, and detailed regulation of complex subjects. Without it, modern administration would become inefficient and overburdened.
Real-Time Application
A practical example of subordinate legislation can be seen in traffic regulations. The Motor Vehicles Act, 1988, lays down broad principles, while detailed rules regarding driving licences, speed limits, and vehicle standards are framed by the Central and State Governments through notifications and rules. During emergencies, health guidelines issued under the Epidemic Diseases Act, 1897, and Disaster Management Act, 2005, are also examples of subordinate legislation. These rules directly affect citizens’ daily lives, showing the practical significance of delegated law-making.
Mnemonic for Easy Understanding
A simple mnemonic to remember subordinate legislation is “DELEGATE”. D stands for Derived from Statute. E stands for Executive Made. L stands for Limited by Parent Act. E stands for Examined by Courts. G stands for Governance Efficiency. A stands for Administrative Convenience. T stands for Through Rules & Regulations. E stands for Enforceable Law. Remembering “DELEGATE” helps recall the core features of subordinate legislation.
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