Quasi-Legislative Functions – Meaning and Concept
Quasi-legislative functions mean the power of administrative authorities to make rules under authority given by the legislature. Law-making mainly belongs to the legislature, but modern governance demands speed and technical expertise. Therefore, legislatures delegate limited rule-making powers to the executive. These powers appear legislative in nature but remain administrative in character. Authorities frame rules, regulations, notifications, and bye-laws to implement statutory policies. This process is known as delegated legislation. In India, courts accept delegation as constitutional when the legislature lays down policy and standards. Administrative agencies only fill in details and procedures. Quasi-legislative actions carry the force of law, but they do not enjoy the same status as Acts of Parliament. They must conform to the parent statute and the Constitution. Courts can review them if they violate fundamental rights or exceed statutory limits.
Legal Basis and Statutory Provisions
The Constitution of India provides the foundation for quasi-legislative functions. Article 245 empowers Parliament and State Legislatures to make laws. Article 246 distributes legislative subjects between the Union and the States. Legislatures often delegate rule-making powers through express statutory provisions. For example, Section 79 and Section 87 of the Information Technology Act, 2000 empower the Central Government to frame rules. Section 176 of the Motor Vehicles Act, 1988 authorizes the government to make vehicle-related regulations. Section 23 of the Environment (Protection) Act, 1986 enables rule-making for environmental safety. These provisions allow the executive to implement legislative intent effectively. However, the legislature must define policy and objectives clearly. The delegate cannot create new rights or impose excessive burdens. Courts strike down rules that go beyond statutory authority.
Scope, Limitations, and Judicial Control
Quasi-legislative functions have wide scope but clear limits. Administrative authorities can prescribe procedures, fix fees, amend schedules, and issue notifications. They must act strictly within the parent statute. Legislatures exercise control through laying procedures, which require placing rules before Parliament or State Legislatures. Courts exercise judicial control under Articles 32 and 226 of the Constitution. Judges examine whether authorities exceeded their powers or acted arbitrarily. They also test rules against principles of natural justice. In In re Delhi Laws Act, the Supreme Court ruled that legislatures cannot delegate essential legislative functions. The decision ensures that law-making power remains accountable. Quasi-legislative functions therefore balance administrative efficiency with constitutional discipline.
Real-Time Example of Quasi-Legislative Function
A clear real-time example appears in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Central Government framed these rules under Section 87 of the Information Technology Act, 2000. Parliament laid down broad objectives such as user protection and cyber security. The executive later framed detailed compliance rules for social media platforms. These rules introduced grievance redressal mechanisms and due-diligence obligations. They directly affect digital platforms and users across India. Courts reviewed several provisions after legal challenges. This example shows how quasi-legislative power adapts law to changing technology. It also demonstrates judicial oversight in action.
Mnemonic to Remember Quasi-Legislative Functions
Use the mnemonic “RULES” to remember quasi-legislative functions. R stands for rule-making by administration. U means authority under statute. L refers to limits set by legislative policy. E shows enforceability like law. S highlights judicial scrutiny. This mnemonic helps students recall key features quickly. It also helps structure answers in examinations. The word “RULES” itself reflects the output of quasi-legislative power. Students can easily reproduce this mnemonic during exams for clarity and completeness.
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