DELEGATED LEGISLATION

The prevention of exploitation and corruption comes about when the three arms of
government work independently and carry out their functions separately as the doctrine of
separation states. The legislature makes the law and the executive administers it in turn.
However, the authority of the legislature remains to be executed independently by the
legislator.
Things began to take a turn in the 20 century when the administrative authorities began to gain
the power to make rules. This is called ​delegation legislation. Since the greatest formulation of
law that rules over the people originates from the administrators and not the legislature,
delegation legislation has gained more importance.
Direct legislation of parliament becomes complete when it is sighted by the assistance of the
frame of rules and regulations. The executive now gains the mandate to add on to the laws that
the legislature made.
The broad use of the delegated legislation in the modern era which has seen to it that every law
that the legislature passes grants some power of legislation to the executive is the ultimate
outcome. In essence, the legislature creates the law and the executive breathes life into it.

Definition of Delegated Legislation​-

It is not easy to get the exact definition of ‘​delegated legislation​.’ Though simply, delegated
legislation is the making of laws outside the legislature. It is mostly brought out as rules,
regulations, orders, byelaws, directions, schemes, or notifications.
When an authority practicing power given by the legislature makes a tool of a legislative kind, it
is known as ​delegated legislation ​or ​subordinate legislation.
According to ​Salmond​, ​delegation legislation is the legislation that comes from any form of
authority apart from the sovereign power and depends on a supreme authority for the
continuance of its existence.
M.P. Jain​ says that that delegation legislation is applied in two aspects:
It might be defined as the practice of an agency subordinate to the legislature that is given by
the legislature.
The rules that arise from the subordinate authority that pursues power granted to it by the
legislature.
The first part simply means that the body that makes up the legislation is under the legislature.
The powers of the legislature are executed by an authority that is not the legislature but with
the use of powers granted to them by the legislature.
The second part of delegation legislation means every rule, regulation, byelaw, orders and so
forth.

Reasons for growth of delegation legislation-

A number of reasons have contributed to the fast growth of delegated legislation in all
democratic states of today. Due to the great change in the kind of roles to be played by the
state, the responsibilities of the state have also increased.
1. Pressure upon parliamentary time
The legislature is not able to offer enough time to every matter in detail because of the great
amount of legislation brought about by the increase in the responsibilities of the state. In that
case, the legislature passed a blueprint of the legislation that carries the general policy and
gives the executive power to fill up the details.
Delegated legislation has risen up greatly due to the necessities of the modern state and more
especially the social and economic reforms.
It has been noted by Justice Krishna Iyer in ​Avinder Singh v. ​State of Punjab​, that making of
laws is not at all perfect and refined in every detail. Legislation will be made easier once that is
understood.
2. Technicality
The complex nature of the modern government has legislation to become very technical. When
the legislature sticks to policy statements alone, things can be made convenient and the
administrative agencies will have the sequence of law-making handed over to them. The
consultation of experts is required in times when the legislation has become technical.
High technical matters cannot be dealt with members of parliament even though they are
politicians.
Therefore, legislative power may be granted to experts for them to handle the technical issues.
Some of the examples of those technicalities are legislative matters concerning atomic and
nuclear energy, nuclear energy, drugs among others.
3. Flexibility
The proper working of the modern government that definitely needs good quantity and quality
of the law may not be given by parliament no matter how long the attention to it. It, therefore,
makes it a compulsory necessity to legislate rulemaking.
It is known that parliament does not work full time. All the alternatives may not be seen during
the passing of any legislative executions. So the executive needs to be given power in order for
it to cater for contingencies that are not expected. The delegated legislation gives a chance for
quick amendments since parliament has a tendency to delay.
3. Experiment
The lack of validity and experimentation is a disadvantage legislative processes face. However,
the delegated legislation gives the executive an opportunity to experiment. The method allows
the quick use of the experience and enacting the required changes when applying the provision
is the presence of the experience. The rules and regulations can be implemented if they turn
out to be satisfactory. In the same way, if they are found to have a defect, the defect can be
sorted out on the spot. This mode, therefore, gives the allowance of a quick use of experience
and the implementation of the required adjustments in the presence of the experience. For
instance, an experiment may be done in road traffic and during the application process, the
required changes can be made.
4 . Emergency
Emergency calls for quick reactions. It may occur during war, insurrection, epidemics, floods,
economic depression and everything else similar. The legislative process does not have
whatever it takes to offer immediate solutions in such situations. This makes it necessary for
the executive to have the power that may be executed immediately.
The best solution, in this case, is delegated legislation. In that case, to cate for emergent
situations, the making of an administrative rule is required since the ordinary law-making
process is excessively burned the technicalities of the constitution and administration which
brings about delay.
5 . Confidential matters
Some situations call for the fact that nobody should know the law until it is operational. Some
of those matters include rationing schemes, import duty impositions or exchange control.
People could plan their property rights in a manner that will win over the intentions of the law
when impositions of restriction on private ownership are publicised before it has been made
operational.
The privacy of this kind can be attained only through administrative actions since the common
legislative process is ever open.
6. The complexity of modern administration
The complexity of modern administration has become undoubtable. It continues to take up
more responsibility when upraising the welfare of citizens such as looking after their health,
education and employment, regulating trade, the industry and commerce along with the
provision of other services.
Therefore, the complex nature of the modern state and the extension of the work of the state
in socio- economic areas have made it of necessity to resolve to other methods of legislation
and grant more powers to agencies in the required times.
It is of importance that a lot of powers be given to the administration in order for it to activate
socio- economic policies for instant actions to be taken. The objective may not be achieved
when it has been resolved to have the traditional legislative process.

Classification of delegated legislation

The term ‘​statutory rules and orders’ is what expresses ​delegated legislation or rather,
administrative rulemaking​. The classification is not to the latter as it appears in other forms,
however. Forms like regulation, bye-laws, notifications, directions, and scheme.
Delegated legislation may adopt several forms. The forms may be normal or exceptional,
positive or negative and so forth.
Delegated legislation is classified based of the principles that follow:
1. Title-based
The forms that delegated legislation may take are rules, regulations, bye-laws, notifications etc.
2. Discretion-based
The executive may receive a conferred discretion in order to make the Act operational upon
meeting particular conditions. Such a legislation is termed as ‘conditional’ or ‘contingent’
legislation.
3. Purpose-based classification
The purpose has its basis on nature and the level of power granted and the purposes to which
those powers can be practiced. That way, the executive has the chance to be empowered to
have a specific day to enforce the Act, supply the details, extend what the Act provides to other
sectors, include or exclude the workings of the Act to particular territories, individuals,
industries, commodities to briefly halt etc.
This administrative rule making classification makes use of the consideration of delegated
legislation according to the various purposes it is supposed to serve.
4. Authority-based classification (sub-delegation)
The basis of this classification is the place of authority that makes the rules. The authority that
makes rules may either delegate to itself or to a subordinate authority which is more power to
give rules. The practice of rulemaking power is called sub-delegated legislation. No power can
be delegated by the rulemaking authority since it does not have the power to do so with the
exception that the power of delegation is present in an enabling Act.
5. Nature-based classification (exceptional delegation.)
Parliamentary delegation was categorized into two by the Committee on Ministers’ Powers.
(a) Normal delegation
Positive: Where the boundaries of the delegation are clearly elaborated in the enabling act.
Negative: Where power delegated does not incorporate the authority to undertake some
actions such
as legislate on issues of policy.
(b) Exceptional delegation.
Such instances may be:
The authority to legislate on issue of principle.
The authority to amend the Acts of parliament.
The authority to give a broad discretion that is nearly impossible to establish the limits.
The authority to make rules without being opposed in a court of law.
6. ​Constitutionality of delegated legislation
Constitutionality of administrative rulemaking is basically the limits that are permissible of the
Constitution of a country within which the legislature can with all rights delegate rule-making
power to other agencies of administration. The aim of extending the power of the government
is to give it the ability to handle socio-economic problems.
The parliament of England is all powerful and can only execute laws. It has the advantage of a
broad legislative power on the executive and like any other country, their parliament did not
have the time to handle diverse matters in detail. What forced the parliament to delegate its
power to the government are issues such as complexity, technicality, expediency, and
emergency.
The sovereignty of parliament means that there are principles to which the exercising of
delegation must align itself with. There was a great increase in delegated legislation in the
period of the two World Wars. The parliament was forced to delegate broad law-making power
in regards to the government in the 20 century.
When issues were raised in opposition to the delegated legislation and its growth, it was put on
the shoulders of a Committee on Ministers’ Power in 1929. In 1932, the Committee handed
over its report stating that the system of delegated legislation is legal and desirable
constitutionally for particular purposes with particular limits and under particular safeguards.
In the USA, delegated legislation is not allowed theoretically in the constitution because of two
reasons:
1. Separation of powers
The separation of powers is adopted in America. In accordance to ​Art 1. 1 of the ​USA
constitution the power to legislate is strictly for the Congress. The Congress cannot grant
legislative power to the President. This is a concept that is recognized everywhere for the
purpose of the integrity and maintains the Government system.
2. Delegatus non potest delegare ​This doctrine states that someone who has been delegated
cannot be delegated again. This is to say that since the Congress acquires its power from the
people and is the people’s delegate, it cannot delegate its legislative power again to the
executive or another agency.
It is however allowed that a firm application of the doctrine of separation of powers is not one
to be desired and non-practicable in the sight of the new demand on the executive. The
workings of the government had become numerous and it was the process of enacting all the
law to the core was impossible for the Congress. The Supreme Court of USA is also adopting a
liberal angle.

Case laws-
Sukhdev Singh v. Bhagat Ram,​
As ruled by the Supreme Court, delegation legislation is the only viable remedy during
emergencies and when there is a need for quick reactions.
Hemdard Dawakhana v. union of India,
The Supreme Court ruled that the Constitution has not barred the delegation of legislative
power by the legislature to the executive in particular. It is however a null matter that the
executive cannot be granted important legislative functions by the legislature. The legislature
itself has the power to lay down legislative policy. Entrusting that authority to the executive will
only be like creating another legislature.
Delegated legislation is the legislation that proceeds from another authority that is not of
ultimate power. Numerous factors stand as the reason for the quick growth of delegated
legislation is every democratic state of today. Delegated legislation has also become very
important and unavoidable.
‘Statutory rules and orders’ is the term that expresses delegated legislation in India. It is also
important to note that basic functions of the legislation cannot be delegated to the executive
by the legislature.