OFFICERS IAS ACADEMY

(India’s only Academy run by an IAS Officer)

ADMINISTRATIVE LAW
 DELEGATED LEGISLATION
 Delegated Legislation which means that the legislature is delegating legislative initiative to the
administration
 Delegated legislation is legislation by the authorities other than the legislature.
 It may be defined as a body of Law which is made administratively by means of Rules, regulations and
orders framed and promulgated by the government or some executive authority in pursuance of power
conferred on it by an act of legislature
 It is generally known as statutory rules and orders, but expressions like ‘regulations’, ‘bye-laws’,
‘directions’,etc.
 Like in England and America,the amount of delegated legislation in India far exceeds the volume of
Statute laws.
 In USA - Instructions, general orders, Circulars, bulletins, notice, memoranda are used for delegated
legislation from the various Government offices
 Various names: Administrative Law, or Rule making, Administrative Legislation, Subordinate
Legislation or Quasi-Legislation
 The Central Government ,The State Government, The Central Authorities like Central Board of Direct
taxes and the other administrative bodies are given power to make rules for carrying out the purposes of
enacted statutes
 Reasons For The Growth Of Delegated Legislation
 Pressure of Legislative Work
 Technicality of subject matter
 To Meet Unforeseen Contingencies
 Expediency and Flexibility
 Hood Philips observes, “The great increase in delegated legislation in modern times is due to the
development of the welfare state and partly to the need to cope with emergencies of various kinds ,such as
strikes, economic crisis and epidemics.”
 Advantages of Delegated Legislation
 1.Delegated legislation saves the time of the Parliamenent and by freeing it from the burden of details,
enables it to concentrate on the general principles and important issues of policy
 2.Delegated legislation can be easily done in consultation with the interests affected
 3.Delegated legislation makes for flexibility .Since details are left to be filled up by the executive ,they
may be easily changed in response to fast changing needs, without necessitating a formal amendment of
the act.
 This elasticity is particularly desirable infields that are undergoing rapid changes as a result of quick
scientific and technological advances
 4.Delegated legislation provides for expert legislation .The rules are drafted by experts in the appropriate
department who are familiar with the actual conditions
 5.Parliament is not always in session.Emergencies,which are not unlikely phenomena ,call for prompt
action; therefore it is best to clothe the administrative agencies with the necessary discretion to deal with
them by rule-making

1
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com
 OFFICERS IAS ACADEMY
(India’s only Academy run by an IAS Officer)
 6.The system of delegated legislation permits of experiment being made and thus afford an opportunity
,otherwise difficult to ensure. Indeed making of experiments is possible through rule-making in fields as
rural development, urban planning, land reforms ,etc
 7.To meet emergencies like war, cyclone, earthquake, flood,famine,etc
 DISADVANTAGES
 (1)Inspite of the inevitability of delegated legislation in the modern state, it has to be admitted that the
system presents a serious danger to free society
 So wide a discretion given to officials creates a bureaucratic regime and may even turn a democracy into
despotism and arbitrary rule.
 Lord Herwart had, in his famous book ‘New Despotism’ very strongly pleaded against the practice of
delegated legislation.
 He considered this practice as usurpation of legislative power by the executive
 Even if it is recognized that delegation of certain powers of sub-ordinate legislation are necessary, there
still remains the danger of the legislature delegating unlimited powers. The danger is real in India where
the Union Parliament and State legislatures have passed certain ‘skeleton’ laws which confer blanket
powers upon the executive
 2.Rule –making by bureaucracy may overlook what is politically feasible. The official may not be able to
see what the people will want to have
 3.A great power of rule-making into the hands of administrative officials may corrupt the administration
and ultimately the whole society. Rule makers may be subjected to political pressure and turn the rules to
special or private
 4.The advantage of flexibility in law may bring about instability and chaos by too frequent changes in
rules. The multiplicity of rules and amendments may exhaust the patience and defy the endurance of those
who would understand them
 5.Another danger in the system of delegated legislation is that it may be used to serve the interests of the
interested and influential parties as against the interest of the people as a whole
 6.Delegation may be in such terms as to exclude the control of the courts .Moreover ,even where the
courts have the power to protect the citizen, he may find it difficult to avail himself of judicial remedy on
account of the procedural difficulties, cost and delay involved.
 7.Inadequate scrutiny by Parliament of the rules and regulations makes delegated legislation grow into
despotism. It is generally observed that parliamentary scrutiny of delegated legislation has not been
adequate and critical and has failed to keep the executive on the rails. The Donoughmore Committee has
observed that “there is danger that the servant may be transformed into the master.”
 8.Sometimes, the people suffer a loss because the rules and regulations are not known to them. The
government take shelter behind the common law maxim that ignorance of law is not an excuse.That is
why, very often the enabling act provides that the government should give proper publicity to the rules
and regulations. But when arrangements for publicity are inadequate, the interest of the people suffer
 Safeguards In Delegated Legislation
 Well defined limits
 Publicity
 Judicial review

2
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com
 OFFICERS IAS ACADEMY
(India’s only Academy run by an IAS Officer)
 Parliamentary Scrutiny
 DELEGATED LEGISLATION IN INDIA
 Articles 245 and 246 provide that the legislative power shall be discharged by the Parliament and the
State Legislatures
 There is nothing in the Constitution whereby it can be inferred that the legislature cannot delegate its
legislative power to anybody else
 Article 13(3)of the Constitution of India lays down that ‘law 'includes any ordinanace,order ,bye-law,
rule, regulation, notification etc which being in violation of Fundamental rights ,mentioned in ChapterIII
,would be void
 In Re Delhi Laws Act Case. the Court observed that “The complexity of modern administration and the
expansion of the functions of the State to the economic and social sphere have rendered it necessary to
resort to new forms of legislation and give wide powers to various authorities on suitable occasions.
Delegated legislation has become a present day necessity and it has come to stay –it is both inevitable and
indispensible”
 Vasant Lal Magan Bhai’s Case the Supreme Court reiterated that “Sub ordinate legislation has become
well settled .
 The Supreme Court has reiterated in Registrar of Co-operative Society vs.V.K.Kunjalemn that “the power
to legislate carries with it the power to delegate "but “excessive delegation may amount to abdication and
delegation unlimited may invite despotism uninhibited”
 Parliamentary Control over Delegated Legislation in India is done by ‘Committee on subordinate
Legislation’
 tribunals
 Tribunals are, administrative bodies, set up solely with the idea of discharging quasi-judicial duties
 “Administrative Tribunals are authorities outside the ordinary court system which interpret and apply the
laws when acts of Public Administration are attacked in formal suits or by other established methods.”
 CHARACTERISTICS OF ADMINISTRATIVE TRIBUNALS
 1.Although members of the tribunal are appointed by the government and mostly they are officials ,yet
they work independently
 2.Do not work under the influence of the government
 3.In passing an order or deciding a dispute usually they are not required to observe the technical rules of
procedure and evidence which a court of law follows
 4.Administrative tribunals are established by the executive in accordance with statutory provisions
 5.It is required to act judicially and it performs quasi-judicial functions
 6.Proceedings are deemed to be judicial proceedings and in certain procedural matters it has powers of a
civil court
 7.It is an independent body and acts without any bais
 8.It is required to follow principles of natural justice in deciding the cases
 9.Does not follow the technicalities of rules of procedure and evidence prescribed by the civil procedure
code and the evidence act
 REASONS FOR THE GROWTH OF ADMINISTRATIVE TRIBUNALS
 1.Administrative Justice is Cheaper

3
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com
 OFFICERS IAS ACADEMY
(India’s only Academy run by an IAS Officer)
 No provision for paying the court fee, no system of instructing the solicitor or giving brief to counsel,no
provision for putting up pleadings or swearing affidavits
 2.Speedy Justice
 3.Tribunals are manned by Experts
 4.Flexibility
 5.Relief to Courts
 6.Experimentation
 Particularly helpful in the developing societies which have been experimenting with new social and
economic programmes
 In the absence of administrative tribunals ,all the disputes or claims arising as a result of these
programmes would have gone before the courts which could bog down all the programmes
 Demerits Of Tribunals
 1.Having diverse procedure and different purposes and constitutions
 2.Not generally governed by the provisions of the procedural laws and law of evidence
 3.No provisions of appeal against the decisions of tribunals
 4.Has been found that great power is vested in the hands of a few men
 5. “A Court of no appeal has been put in the hands of men who are generally neither qualified lawyers
,magistrate nor judges.”
 6.There are no specific provisions for evidence on oath. there can be no power cross-examination “as in
court of law", so it becomes too difficult a task to get truth
 7.Poor quality of the investigation into question of fact which often takes place
 Difference between Ordinary Court and Tribunal
 A court of law is a part of the traditional judicial system
 Tribunal is an agency by a statute and invested with judicial powers in specific matters
 Judges of ordinary courts of law are independent of the executive in respect of their tenure, terms and
conditions of service ,etc
 A court of law is generally presided over by the officer trained in law, but the President or a member of a
tribunal may not necessarily be trained in law
 In a court of law,a judge must be an impartial arbiter and he cannot decide a matter in which he is
interested
 A court of law is bound by all the rules of evidence and procedure
 Tribunal is not strictly bound by those rules unless the relevant statute imposes such an obligation
 Court must decide all question objectively on the basis of the evidence and materials produced before it
 Tribunal may also take into account departmental policy or expediency
 Court of law can decide ‘vires’ of a legislation while a tribunal cannot do so
 TRIBUNALS AND COMMISIONS IN INDIA
 The doctrine of separation of powers has been deeply enshrined in our Constitution
 However ,more than five decades ago, when the Constitution was framed ,the activities of the state were
relatively few and limited

4
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com
 OFFICERS IAS ACADEMY
(India’s only Academy run by an IAS Officer)
 Since then, the state’s activities have increased considerably and the Central and State governments have
also entered into commercial and any other fields. The dispute between government employees regarding
service ,conditions, transfers ,promotions, appointments, etc have also increased
 The framers of the Constitution could not have anticipated all these, which is why they limited themselves
only to certain judicial remedies to give relief to the citizens of the Country
 They felt that the existing courts of law were sufficient to meet the judicial aspirations of the people and
deal with all types of disputes
 It was however ,subsequently realized that ordinary courts of law, with their traditional and procedural
limitations, were not adequate to meet the changed situation and solve the various problems that arose in
the new socio-economic context
 As a result of this ,various tribunals are/were established which are not strictly courts in the traditional
sense. But they entertain and decide a large number of disputes, following the proper legal procedure
 CENTRAL ADMINSTRATIVE TRIBUNALS
 The enactment of Administrative Tribunals Act in 1985 opened a new chapter in administering justice to
the aggrieved government servants
 The Administrative Tribunals Act owes its origin to Article 323A of the Constitution of India which
empowers Central Government to set up by an Act of Parliament, Administrative Tribunals for
adjudication of disputes and complaints with respect to recruitment and conditions of service of persons
appointed to the public services and posts in connection with the affairs of the Union and the States
 In pursuance of the provisions contained in the Administrative Tribunals Act,1985,the Administrative
Tribunals exercise original jurisdiction in respect of service matters of employees covered by the Act.
 As a result of the judgement dated 18th March ,1997 of the Supreme Court in the case of L.Chandra
Kumar vs.UOI,the appeals against the orders of an Administrative Tribunal are now made to the Division
Bench of the concerned High Court
 The administrative tribunals are distinguishable from the ordinary courts with regard to their jurisdiction
and procedure
 State Administrative Tribunals have been set up the Governments of these states
 Andhrapradesh
 Himachal Pradesh
 Orissa
 Karnataka
 Maharashtra
 Tamilnadu
 West Bengal
 Madhya Pradesh
 Administrative Tribunals Act amended
 The Centre has amended the Administrative Tribunals Act,1985,to empower States to abolish the State
Administrative Tribunals if they so desire
 RAILWAY RATES TRIBUNALS
 It was established under the Indian Railway Act,1989

5
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com
 OFFICERS IAS ACADEMY
(India’s only Academy run by an IAS Officer)
 It Consists of a Chairman who is ,or has been, a judge of the Supreme Court or of a High Court and the
members, one of whom, in opinion of the Central Government ,has “Special Knowledge of commercial
industrial or economic conditions of the country 'and other a person who, in the opinion of the Central
Government , “has special knowledge and experience of the commercial working of the railways ,”
 ARMED FORCE TRIBUNAL
 It had started functioning from 11th Aug.2009 .
 The Armed Forces Tribunal provides a judicial forum for redress of grievances of some 1.3 million armed
forces personnel and 1.2 million armed forces personnel and 1.2 million ex-serviceman
 The decision of the AFT can be challenged only in the Supreme Court
 The government has appointed the former Supreme Court Judge Justice A.K.Mathur as Chairperson of
the AFT which has 29 members .
 A total of 15 courts-three each in New Dehli,Chandigarh and Lucknow and one each in
Kolkata,Guwahati,Mumbai,Kochi,Chennai and Jaipur-will function
 National Green Tribunal (NGT)
 The National Green Tribunal has been established under the National Green Tribunal Act 2010 for
effective and expeditious disposal of cases relating to environmental protection and conservation of
forests and other natural resources including enforcement of any legal right relating to environment and
giving relief and compensation for damages to persons and property
 The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice
and help reduce the burden of litigation in the higher courts.
 The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6
months of filing

6
Plot No: 1940, 18th
Main Road, Anna Nagar, Chennai-40
Ph: 044-65666222,9677120226,9677174226
Web: www.officersiasacademy.com