Meaning of Delegated Legislation
Delegated legislation refers to rules, regulations, bye-laws, orders, or notifications made by the executive or administrative authorities under powers delegated by the legislature. The legislature lays down the policy and framework of the law, while the details are filled in by the delegate.
Although the legislature delegates authority, it does not surrender its essential legislative function. Delegated legislation must function within the limits prescribed by the parent statute and constitutional principles.
Need for Control of Delegated Legislation
Delegated legislation affects a wide range of matters including commercial contracts, licensing, taxation, labor laws, and public administration. Without proper control, it may lead to excessive delegation, arbitrary rule-making, or violation of fundamental rights.
Control mechanisms ensure that:
- Delegated authority is exercised within legal limits
- The legislature retains supremacy
- Individual rights are protected
- Administrative efficiency does not override justice
Thus, judicial and legislative control play a crucial role in balancing governance and accountability.
Judicial Control of Delegated Legislation
Judicial control refers to the power of courts to examine the validity of delegated legislation and ensure that it conforms to the Constitution and the parent statute. Courts do not question the wisdom of delegated legislation but assess its legality.
Grounds of Judicial Control
1. Excessive Delegation
Delegated legislation becomes invalid if the legislature delegates its essential legislative function. While delegation of details is permissible, delegation of policy-making power is not. Courts strike down laws where delegation is excessive or unguided.
2. Ultra Vires Doctrine
The doctrine of ultra vires is the primary tool of judicial control. Delegated legislation must be within the scope of authority conferred by the parent Act. If it goes beyond the prescribed limits, it is declared invalid.
- Substantive ultra vires occurs when the content of delegated legislation exceeds statutory powers.
- Procedural ultra vires arises when mandatory procedural requirements are not followed.
3. Violation of Fundamental Rights
If delegated legislation infringes fundamental rights such as equality, freedom of trade, or personal liberty, courts can declare it unconstitutional. Delegated laws affecting contractual freedom must satisfy tests of reasonableness and non-arbitrariness.
4. Arbitrariness and Unreasonableness
Delegated legislation must be reasonable and based on rational considerations. Courts invalidate rules that are arbitrary, discriminatory, or manifestly unjust.
5. Mala Fide and Abuse of Power
If delegated legislation is framed with bad faith or for an improper purpose, judicial intervention is justified. Abuse of delegated power undermines public confidence in administration.
Legislative Control of Delegated Legislation
Legislative control refers to supervision exercised by the legislature over delegated legislation to ensure that delegated powers are not misused. Since delegated legislation derives authority from the legislature, legislative oversight is essential.
Forms of Legislative Control
1. Control through Enabling Act
The parent statute defines the scope, purpose, and limits of delegation. By prescribing standards, guidelines, and conditions, the legislature ensures that discretionary power is not arbitrary.
2. Laying Procedure
One of the most effective methods of legislative control is the laying of rules before the legislature. This enables members of the legislature to examine, modify, or annul delegated legislation.
Types of laying procedures include:
- Simple laying
- Laying subject to negative resolution
- Laying subject to affirmative resolution
Each method ensures varying degrees of legislative scrutiny.
3. Committee Control
Legislative committees play a vital role in supervising delegated legislation. Specialized committees examine whether delegated legislation:
- Exceeds statutory powers
- Violates constitutional principles
- Contains retrospective effect without authority
- Imposes unreasonable burdens
Committee reports help maintain transparency and accountability.
4. Question Hour and Debates
Members of the legislature can question ministers regarding the exercise of delegated powers. Debates and discussions act as political checks on misuse of authority.
5. Power to Amend or Repeal
The legislature retains the power to amend or repeal delegated legislation. This ultimate control ensures that delegation does not dilute legislative supremacy.
Relationship with Law of Contract
Delegated legislation frequently governs contractual relationships involving the State, such as government tenders, licenses, and public procurement. Rules framed under delegated powers affect eligibility, obligations, and enforcement of contracts.
Judicial and legislative control ensure that such rules are fair, transparent, and consistent with contractual principles. Arbitrary rules affecting contractual rights can be challenged as ultra vires or unconstitutional.
Importance of Judicial and Legislative Control
Control mechanisms safeguard democracy and prevent administrative despotism. Judicial control protects individual rights and ensures legality, while legislative control preserves accountability and policy consistency.
Together, they ensure that delegated legislation serves public interest without undermining constitutional values or contractual fairness.
Conclusion
Delegated legislation is an inevitable feature of modern governance. However, its legitimacy depends on effective judicial and legislative control. Judicial review ensures legality, constitutionality, and reasonableness, while legislative oversight preserves democratic accountability and policy direction. Both forms of control complement each other in preventing misuse of delegated power. By maintaining this balance, the legal system ensures that delegated legislation remains a tool of governance rather than a threat to the rule of law.
Mnemonic Sentence to Remember the Answer
“ULTRA FAIR LAW”
- U – Ultra vires
- L – Legislative limits
- T – Tribunal and courts
- R – Reasonableness
- A – Abuse of power
- F – Fundamental rights
- L – Laying procedure
- A – Accountability
- W – Welfare governance
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