ADMINISTRATIVE LAW, TUTORIAL 3.

SYMBIOSIS LAW SCHOOL, HYDERABAD

DETAILED STUDY ON CONSTITUTIONALITY OF DELEGATED

LEGISLATION

Submitted by
Shivani Srivastava
Shraiyashi Bhatt
Division: C
P.R.N-16010324259
16010324260
Batch- 2016-21

Symbiosis Law School, Hyderabad

Symbiosis International University, Pune.
In
September, 2018
Under the guidance of
Professor- Priyanka Mohod
Faculty,
Symbiosis Law School, Hyderabad
Symbiosis International (Deemed University)

1|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

DECLARATION

The project entitled A Detailed study on Constitutionality of Delegated

Legislation submitted to the Symbiosis Law School, Hyderabad for
Administrative Law as part of Internal Assessment is based on my original work
carried out under the guidance of Professor Priyanka Mohod. The Research work
has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research paper
has been duly acknowledged.
I understand that I myself would be held responsible and accountable for
plagiarism, if any, detected later on.

Shivani Srivastava
Shraiyashi Bhatt

2|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

ACKNOWLEDGEMENT

I would like to offer Prof. Priyanka Mohod, my heartfelt appreciation for

providing me the opportunity to undertake this project on Administrative Law. I
would like to thank her for all the necessary help and guidance she offered in
completing my project. Without her help, it would have not been possible to carry
out this project. I would like to thank my college, Symbiosis Law School,
Hyderabad for providing me with this excellent opportunities and facilities to help
me complete my project. I would also like to thank my parents and classmates for
helping me, in one-way or the other who have been constant pillars of support for
the successful completion of the project.

3|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

INDEX
CONTENT PAGINATION
Chapter 1
Research methodology 5
………………………………………………………………………………………………………
Chapter 2
Preliminary 06-09
An Introduction
………………………………………………………………………………………………………
Chapter 3
Need for delegated legislation 10-11
………………………………………………………………………………………………………
Chapter 4
Pre- Constitution Era 12-13
………………………………………………………………………………………………………
Chapter 5
Post-Constitution Era 13-17
………………………………………………………………………………………………………
Chapter 6
Conclusion 18
………………………………………………………………………………………………………
Chapter 7
Bibliography 19
………………………………………………………………………………………………………

4|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

RESEARCH METHODOLOGY:

1. Scientific problem: Determining the limit of constitutionality via analysis techniques on

Delegated Legislation in India with the help on relevant case laws and statutes.
2. Research object: To understand and analyze the Constitutionality of Delegated Legislation.
3. Research field: Constitution of India, Legislative statutes of India.

4. Methods and Techniques: In this research we will use the following methods to accomplish
the proposed tasks:
• The Doctrine of Delegated Legislation was used to determine the research pertaining to its
Constitutionality.
• The method’s of collecting data were Primary Sources such as books and Secondary
Sources such as published articles.

5|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

CONSTITUTIONALITY OF DELEGATED LEGISLATION

INTRODUCTION

The Constitution of India engages Legislature to make laws for the nation. One of the huge
administrative functions is to decide an authoritative approach and to outline it when in doubt of
direct. Clearly such powers can't be given on different establishments. Be that as it may,
remembering different diverse exercises of a welfare State, it isn't feasible for the legislature to
play out every one of the functions. In such circumstance, the delegated legislation comes into
the photo. Delegated Legislature is one of the fundamental components of administration
whereby the official needs to play out certain authoritative functions. Nonetheless, one must not
overlook the hazard related with the procedure of appointment. All the time, an overburdened
Legislature may unduly surpass the points of confinement of appointment. It may not set out any
strategy; may announce any of its approach as dubious and may set down any rules for the
official in this manner giving wide prudence to the official to change or adjust any arrangement
encircled by it without holding for itself any control over subordinate legislation. Thusly, despite
the fact that Legislature can assign a portion of its functions, it must not lose its control totally
finished such functions.

 Black’s Law Dictionary defines ‘Delegation’ as

‘the act of entrusting another with authority or empowering another to act as an agent or
representative’. E.g. Delegation of Contractual Duties.
 The Dictionary further defines ‘Doctrine of Delegation’ as:
“The Principle (based on the Separation of Powers Concept) limiting Legislature’s ability to
transfer its legislative power to another Governmental Branch, especially the Executive
Branch.”1

Delegation of powers means the powers passed on by the higher authority to the lower authority
to make laws. Delegated legislation means the powers given by the legislature to the executive or

1
http://www.legalservicesindia.com/article/2421/Delegated-Legislation-Development-and-Parliamentary-
Control.html

6|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

administration to enact certain laws. The simple meaning of the expression “delegated
expression” may be:

‘When the function of the legislation is entrusted to organs other than the legislature by the
legislature itself, the legislation made by such organs is known as delegated legislation.’

According to M.P. Jain, “the term ‘delegated legislation’ is used in two senses:

(a) exercise by a subordinate agency of the legislative power delegated to it by the legislature,

(b) the subsidiary rules themselves which are made by the subordinate authority in pursuance of
the power conferred on it by the legislature.

During the middle of the 18st century, Montesquieu said, “There would be an end of everything
where the same man or the same body, whether of the nobles or of the people, to exercise those
three powers, that of extracting law, that of executing the public resolutions and of trying the
causes of individuals.”

Delegated legislation has been characterized by the Committee on Minister's forces 'as the activity
of minor legislative power by subordinate experts and bodies in compatibility of power given by
parliament itself. Such designation of legislative power has turned out to be unavoidable in present
day industrialized society and because of changed idea of a Welfare State. A century prior, in the
free enterprise state, the capacity of the government was primarily defensive and administrative.
It was to forestall savagery and cheats to keep up security and honesty of the State from outside
animosity and to authorize contracts. It too played out a few capacities identifying with the
consideration of poor people, training, interchanges, coinage and a couple of other social Projects.
It was not anticipated that would do anything past these. As such the State represented the most
part as trooper, policeman, and judge. On such premise it was the capacity of the assembly to set
down general controlling standards, and of the official to see that they were given into impact and
something to do out the particular and neighborhood subtle elements. The position is entirely
unexpected In the Public Service State of the twentieth century. The welfare exercises of the state
have expected tremendous extents and the hardware of the stathas formed into a massive
association conveying for all intents and purposes each part of man's life. A State of this compose
can't be represented by indistinguishable techniques from the liberal state. A huge extension of

7|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

governmental action is inescapable, it isn't workable for the administrator from his grand position
to coordinate this monster machine viably. As it were, the valuable activity needs to pass from the
parliament to the government workplaces and a progression of semi- independent sheets and
commissions. As far as law this pattern shows itself in various demonstrations of legislative
approval taking all things together popular governments.

Legislatures having delegated their powers, have to bear the responsibility to ensure that the
delegate shall not over-step the legitimate domain and commit a violation by exceeding or
abusing the powers delegated. Thus, the legislatures have to control the delegated legislation and
if not, executives may exercise the delegated power to become a potential dictator or even
becoming a parallel legislature. This legislative control over delegated legislation has become a
‘living continuity as a constitutional necessity’. The rule of majority in democratic systems have
virtually made legislative controls ineffective. Pre-constitutional control to post-constitutional
judicial control found a big shift from the scrutiny of delegated legislation confined to the area of
sub-delegation from British Parliament to Indian legislature and laying down a fundamental
principle of delegation in the post-constitutional era2 which can be stated as follows: -
“Legislatures cannot delegate their essential legislative powers. Essential legislative powers
relate to the determination of the policy of the legislature and of rendering that policy into a
binding rule of conduct”

At the end of the day, appointment of administrative power can be bound to 'trivial items' or
auxiliary issues. Assignment of authoritative forces of fundamental nature would be invalid. This
has come as a first standard set down in the region of legal control and in this manner extended
to various rules set around the judiciary. These principles can be stated as follows: -

i) If the law is ex-facie unconstitutional it cannot be legalized by a Parent Act which is

constitutional. In other words, an unconstitutional legislation cannot be legalized by
a valid Parent Act;
ii) Rules farmed violating Parent Act are illegal;
iii) Rules framed violating any other Statute or inconsistent with any other law are also
illegal and void;

2
In Re Delhi Law Act case AIR 1951 SC P.332.

8|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

iv) Delegated legislation must be reasonable or do not suffer from unreasonableness.

v) Delegated legislation shall not be arbitrary or suffer from arbitrariness. This is
necessary to protect the “rule of law”;
vi) Delegated legislation made with malafide or improper motives are held illegal;
vii) Forbidding sub-delegation and the powers being delegated or delegatee exceeding
the powers are equally held void.
viii) Finality clauses’ in Statutes or rules made thereunder, exclusive evidence, clauses or
‘as if enacted clauses’were also reviewed on the basis of their compliance with the
principles of natural justice and also in the light of Art 226 and Art 32 of the
constitution vesting powers in the High Courts and Supreme Court respectively.
Constitutionally vested jurisdiction cannot be taken away by ordinary legislation;
‘Retrospective effect’ clauses giving effect to the law or rules with retrospective
effect. Such clauses not only reverse the reasonable anticipation of the people and
may also deprive people of their accrued rights;
ix) Delegated legislation exercised being against public standards or public morality.3

The improvement of the legislative owners of the managerial experts as the delegated
legislation possesses vital place in the investigation of the regulatory law. We realize that
there is no such broad power conceded to the official to make law. Crafted by official is
restricted to supplement the law under the specialist of legislature. This sort of movement has
been portrayed as delegated legislation or subordinate legislation. Delegated legislation
alludes to all law-production, which happens outside the legislature and is for the most part
communicated as guidelines, controls, bye-laws, arrange, plans, and so on. As it were the
point at which an instrument of an administrative sort is made by an expert in exercise of
intensity delegated or presented by the legislature, it is known as delegated legislation.

In modem times the sheer heft of legislation required to impact the matter of government is
great to the point that if the authoritative capacity were performed by Parliament alone, at
that point the law-production machine would wind up stifled and crush to a halt.

3
http://bvpnlcpune.org/Article/Judical Control over Delegated Legislation ,Prof (Dr) Mukund Sarda

9|Page
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

NEED FOR DELEGATION LEGISLATION OR REASONS FOR THE

GROWTH OF DELEGATED LEGISLATION

The requirement for making gritty controls to meet the growing requirements of a dynamic Welfare
State required a decent arrangement of delegated legislation in India. The nature and extent of
designation in diverse rules are fluctuated and complex. Not very many resolutions, expressly
make any arrangement how the principles must be distributed in the official Gazette before they
come into task. A few resolutions give the system of laying the tenets on the table before
Parliament or council and that they are liable to change by the last mentioned, for example, Section
10 of the National Highways Act, 1956, Section 17(3) of the Standards of Rates and Wages
Act, 1956 or Section 13(2) of the Central Sales Tax Act, 1956. There are sure resolutions which
agent to the regulatory specialists’ powers to force tax assessment. The Indian Tariff Act empowers
the Government to require send out obligation on an article excluded in the second calendar. In
the Minimum Wages Act, 1948, Section 27, offers power to the suitable Government to add to
the Schedule and in this manner revise the Act. Again Section 4 of the Employees Provident
Fund Act, 1952, delegates power to the Central Government to add to the main schedule by notice
in the official newspaper some other industry in respect of representatives whereof it is of
assessment that the Provident Fund Plan ought to be surrounded in this Act. In delegating this
power Parliament has not set out any standard or guide on which such sentiment ' ought to be based
nor does it give whether before such
feeling is framed it ought to hear or counsel the business proposed to be included. Another case of
irregular assignment where the statute gives so wide circumspection that its breaking points are
not really recognisable are the related bodies Acts in India which contain such provisions as ' to
do the reasons for the act. The following point highlight the imperative need for delegated
legislation:
(a) Pressure upon Parliamentary Time: The legislative activity of the State has increased in
response to the increase in its functions and responsibilities. The legislature is preoccupied with
more important policy matters and rarely finds time to discuss matters of detail. It therefore

10 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

formulates the legislative policy and gives power to the executive to make subordinate
legislation for the purpose of implementing the policy.

(b) Filling in Details of Legislation: The legislature has to make a variety of laws and the
details required to be provided in each of these laws require knowledge of matters of technical or
local or specialized nature. The executive in consultation with the experts or with its own
experience of local conditions can better improve these. There is no point in the legislature
spending its time over such details and therefore the power to fill them in is often delegated to
the executive or local authorities or expert bodies.

(c) The Need for Flexibility: A statutory provision cannot be amended except by an amendment
passed in accordance with the legislative procedure. This process takes time. It may however be
necessary to make changes in the application of a provision in the light of experience. It is
therefore convenient if the matter is left to be provided through subordinate
legislation. Delegated legislation requires less formal procedure and therefore changes can be
made in it more easily.

(d) Administration through Administrative Agencies: Modern government is pleuritic and

functions through a number of administrative agencies and independent regulatory authorities,
which have to regulate and monitor activities in public interest. These agencies such as the
Election Commission or the Reserve Bank of India or the Board for Industrial and Financial
Reconstruction (BIFR) or the Electricity Commission or the Telecom Regulatory Authority of
India (TRAI) etc. have to perform ongoing regulation and control of various activities. Each of
these agencies is required to make rules or regulations in pursuance of its regulatory function.

(e) Meeting Emergency Situations: In times of emergency, the government may have to take
quick action. All its future actions cannot be anticipated in advance and hence provisions cannot
be made by the legislature to meet all unforeseeable contingencies. It is safer to empower the
executive to lay down rules in accordance with which it would use its emergency power.

11 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

DELEGATED LEGISLATION IN PRE-CONSTITUTION ERA-

A horde of decision by Privy Council and Supreme Court has laid emphasis on concept of
delegated legislation. The Privy Council in the pre-constitution era used to be the highest court of

appeal for any Indian decision. In Queen v. Burah4, the question of constitutionality of
delegated legislation came for the first time in front of Privy Council. The act in question gave
wide spread powers to Lieutenant Governor. The main issue was the power given to Lieutenant
Governor to bring the act in effect, determine applicability of law and the power to extend the use
of the act5. The act was passed to remove Garo hills from jurisdiction of civil and criminal courts
and encompasses all or any provisions of the Act in Khasi, Jaintia and Naga hills in Garo hills.6
The main question before the court was whether giving Lieutenant Governor the authority to
extend the application of law is delegation of powers? Privy Council held that Indian Legislature
is not an agent or delegate as against Calcutta High Court but was envisioned to have plenary
powers of legislation and of the same nature of the Parliament itself. It was held that the Indian
Legislature had implemented its judgment as to the place, person, law, powers and what Governor
was obligatory to do was to make it operative upon fulfillment of certain conditions. This is called
the conditional legislation that was upheld by the court.
The question of acceptable limits of legislative power became important in Independent India. Just

on the eve of independence, Kani, C.J., in Jatindra Nath7, observed that there could be no
delegated legislation in India beyond conditional legislation. It was observed that the Provincial
Government could not be permitted to increase the time for which the Bihar Maintenance of Public
Order Act 1948 was to remain. The court said this power to be non-delegate. This led to a lack of
clarity regarding the extent of delegated legislation. The question was whether the legislature of
Independent India should be delimited to the rules laid down in the abovementioned or should the
legislature be given a higher degree of freedom to determine the extent of delegation? It was left
open for the courts to follow either the model in the United States where the extent of delegation

4
1878 3 AC 889
5
89, act no XXII of 1869
6
Preamble act no. XXII of 1869
7
Jatindra Nath v. Province of Bihar, (1949) 2 FCR 595

12 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

was to austerely defined or the one in the United Kingdom where the extent of delegation was
considered an issue of policy and therefore the courts were not obliged to interfere. 8

DELEGATED LEGISLATION IN POST-CONSTITUTION ERA

Authority to make rules and regulations to carry out an express legislative purpose, or to affect the
operation and enforcement of a law is not regarded as an exclusively legislative power, but it is
held to be rather administrative in nature. “In determining whether the delegation of power
to an administrative body is an unconstitutional grant of legislative power or a proper grant of
administrative power the distinction is between a delegation of power to make the law, which
involves a discretion as to what the law shall be which delegation is void; and the delegation of
authority or discretion as to the execution of a law to be exercised under, and in pursuance of
the law, to which no objection can be made.”9
Our Supreme Court likewise has set out a similar standard. In an arrangement of cases the Court
has held that the Legislature can't part with its basic law-production power. In our nation there is
no sacred hindrance against appointment of legislative capacity, there being no detachment of
powers between the official and the council. Not at all like the American Constitution the Indian
Constitution does not explicitly vest the diverse arrangements of powers in the variant divisions
of government. Under Article 53 (1), just the official power has been vested in the President. Be
that as it may, there is no comparable vesting arrangement with respect to the legislative and the
legal powers. It might be said here that, amid the dialog on the draft Constitution in the
Constituent Assembly, K. T. Shah moved an alteration that the accompanying Article should
come after the first Article 40: "There will be finished partition of powers as between the central
organs of the State, viz., the Legislature, the Executive, and the Judicial". Be that as it may, after
some dialog the movement was negatived the same day.10Our Constitution is displayed on the
British parliamentary framework, the basic element of which is duty of the official to the
legislature. Be that as it may, the expert of the Indian Parliament is in no way, shape or form

8
M.P. Jain & S.N. Jain, Principles of Administrative Law
9
73 Corpus Juris Secundum, Public Administrative Bodies and Procedure,
section 29
10
9 C. A. D., Vol. VII, No. 24, December 10, 1948, pp. 9

13 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

supreme. It must exercise powers inside cutoff points set around the Constitution. Along these
lines, it can't, prefer the British Parliament, destroy itself, and set up a parallel lawmaking body.
Under our Constitution, the power of influencing laws to can be worked out by Parliament or a
State Legislature.11 The Constitution likewise vests the President and the State Governor with
unique law-production powers. The President and the Governor can proclaim Ordinances amid
the break of the individual legislatures. They can likewise make rules, controls, and so on., under
the expert of the Constitution. The skill of Parliament to present, on the President the power to
make laws, and to approve the President to assign the power so gave to some other specialist has
been perceived just as a crisis arrangement in Article 357 of the Constitution.
In Re Delhi Laws Act Case 1950:
In the order to clear doubts regarding the validity of a number of laws which contained such
delegation in legislative power, the president of India under Article 143 of the Constitution
summoned the Supreme Court’s advisory jurisdiction seeking opinion on three questions
submitted for its consideration and report. The three questions were as follows:
 Was section 7 of the Delhi Laws Act, 1912 which give provincial Government the power
to extend to Delhi area to restrict and modify any law in force in any part of British India
as ultra vires? If so, then in what particular or particulars or to what extent.
 Was the Ajmer-Merwara (extension of Laws) Act 1947, or any of the provisions thereof
ultra vires and in what particular or particulars or to what extent was the same ultra vires
the Legislature which passed the said Act?
 Is section 2 of the Part C States (Laws) Act, 1950, or any of the provisions thereof ultra
vires and in what particular or particulars or to what extent was it ultra vires to the
Parliament.
The seven judges that presided over the case gave 7 different opinions for the final adjudication.
The importance of the case cannot be under estimated in as much as, on one hand it permitted
delegated legislation, while on the other, it restricted the extent of such permissible delegation of
power. The question was related to the extent to which the legislature in India can delegate its
legislature power. To arrive at these common conclusions, the Supreme Court gave 7 different
ways. There was unity of outlook on two points. Firstly, keeping the demands of modern

11
Part XI, Chapter I

14 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

government in view, Parliament and state legislatures have to delegate the power in order to deal
with multiple problems prevailing in India, as it is very difficult to expect them to come with
complete and comprehensive legislation on all subjects sought to be legislated on. Secondly, since
the legislature derives its power from the Constitution, excessive freedom like in the case of British
constitution cannot be granted and limitations are required. The Hon’ble Judges differed on the
question as to what were the permissible limits within which the Indian legislature could delegate
its legislative powers. One view advocated that the legislature can delegate power to the extent
that it does not abdicate its own power to have control over the delegate i.e. it must retain in its
hands the ultimate control over the authority so as to be able to withdraw the delegation whenever
delegated did something wrong. The second view reasoned that the legislature cannot delegate its
essential functions which comprised the formulation of policy etc. This meant that the legislature
should lay down the standards or policy in the delegating Act and the delegate may be left with
power to execute the policy.
By a majority, the Court laid down, in the instant case, that the legislature should not delegate its
essential legislative function which comprises the formulation of policies and implementing them.
According the Supreme Court, the legislature is the creature has bestowed the legislative power in
the elected representatives of the people. It is for the legislature to give the delegate, the power to
make rules for executing the policies of the legislature.

15 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

DELEGATUS NON POTEST DELEGARE

The adage "DELEGATUS NON POTEST DELEGARE" as a reason for the principle that
fundamental legislative capacities can't be delegated, in any case, has not discovered support with
the Supreme Court. The stand taken by the Supreme Court on this inquiry is inverse to that of the
American legal. The methodology of the American legal, in its fundamentals, is determined from
Locke, who stated: "The Legislative can't exchange the Power of Making Laws to some other
hands. For it being yet a delegated Power from the People, they, who have it, can't disregard it to
others".12
Power in the United States vests in the people, and the legislatures get their position from the
general population. Power in India moreover vests in the general population. This is unmistakably
shown in the Preamble to the Constitution which proclaims: "We, the general population of India;
receive, enact and provide for ourselves this Constitution."
As Ayyar called attention to in the Constituent) Assembly, the Preamble depended on the
Objectives Resolution embraced by the Assembly. This Resolution pronounced that "all power
and authority of the Sovereign, Independent India, its constituent parts and organs of Government,
are gotten from the people”. Ambedkar, one of the boss modelers of our Constitution, plainly stated
in the Constituent Get together: "The Preamble embodies what is the longing of each mem of the
House that this Constitution ought to have its foundations, its position, its power, from the general
population. That it has".
The Supreme Court additionally has seen in State of West Bengal v. Association of India13:
"Lawful power of the Indian country is vested in the individuals of India who as stated by the
introduction have gravely set out to comprise India into a Sovereign Democratic Republic for the
items determined in that".
In any case, sway of the general population does not really infer that the governing bodies in India,
much the same as their American partners, work simply as representatives of the general

12
9 Two Treatises of. Government, Second Treatise, Ch. XI, sec. 141, Peter
Lasletťs ed., p. 38
13
5 A.I.R. (1963) S. C. 1241.

16 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

population. In the "Delhi Laws" case the Supreme Court took the view that the proverb delegatus
non potest delegare was not applicable to Indian legislatures.14
The choices in the "Delhi Laws" case have been depended upon in a number of resulting cases on
assignment of legislative capacity. The case may maybe be depicted as the main Indian case which
looks for a theoretical establishment for the rule that basic legislative capacity cannot be delegated.
In any case, the perspectives communicated for this situation leave scope for facilitate illumination.
It might be trusted that in future the issues will be examined in a more complete manner and settled
at long last by the Court.

14
6 Per Sastri, Fazl All, Mukherjea, and Das, J J., and Kama,

17 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

CONCLUSION

Delegation of ‘law making’ power is the dynamo of modem government. Delegation by the
legislature is necessary in order that the exertion of legislative power does not become a futility.
Today, while theory still affirms legislative supremacy, power floats back increasingly to the
Executive. One must not take lightly and say that there can be transfer to power under the guise of
delegation which would tantamount to abdication. At the same time, one must be aware of the
practical reality that the parliament cannot go into details of all legislative matters. The making of
law is only a means to achieve a purpose. It is not an end in itself. That end can be attained by the
legislature making the law. But many topics or subjects of legislation are such that they require
expertise, technical knowledge and a degree of adaptability to changing situations etc., which
parliament might not possess and, therefore this end is better secured by extensive delegation of
legislative power. The legislative process would frequently bog down if a legislature were required
to appraise beforehand the myriad situation to which it wishes a particular policy to be applied and
to formulate specific rules for each situation.
In the end we can conclude that the delegated legislation is important in the wake of the rise in the
number of legislations and technicalities involved. But at the same time with the rise in delegated
legislation, the need to control it also arises because with the increase in the delegation of power
also increases the chance of the abuse of power. The judicial control apart from the legislative and
procedural control is the way how the delegation of power can be controlled. Thus, the delegated
legislation can be questioned on the grounds of substantive ultra vires and on the ground of the
constitutionality of the parent act and the delegated legislation. The latter can also be challenged
on the ground of its being unreasonable and arbitrary.

18 | P a g e
ADMINISTRATIVE LAW, TUTORIAL 3. SYMBIOSIS LAW SCHOOL, HYDERABAD

BIBLIOGRAPHY

Books
 M.P. Jain & S.N. Jain, Principles of Administrative Law, 6th Edition, Lexis Nexis, 2016
 I.P. Massey, Administrative Law, 5th Edition, Eastern Book Company, 2001.
 M.C. Jain Kagzi, The Indian Administrative Law, 7th Edition, Universal Law Publishing
Co., 2014.

Articles/ Journals
 Aditya Thejus Krishnan, (2015). Delegated Legislation: Re Delhi Laws Act Case.
 Dashrath Yata, (2016). In Re Delhi Laws Act Case: Landmark Concept of Delegated
Legislation in India.

Online Databases
 Manupatra (www.manupatra.com)
 SCC Online (www.scconline.in)
 JSTOR (www.jstor.org)
 Lexis Nexis (www.lexisnexis.com)

19 | P a g e