Delegated Legislation Overview

It implies that a delegated power should not be re-delegated, meaning the authority delegated by the legislature cannot pass that authority to another.

Delegated legislation refers to laws made by an authority subordinate to the legislature, including rules, regulations, bye-laws, and orders.

The growth of delegated legislation has been driven by factors such as pressure on the legislature, lack of expertise, and complexity of modern administration.

<p>The constitutional validity is established through implied authority under Article 13(3)(a) and is supported by judicial precedents.</p> Signup and view all the answers

<p>The parent Act provides the legislative framework within which subordinate authorities can create delegated legislation.</p> Signup and view all the answers

<p>The Delhi Laws Act, 1912 illustrates the delegation of power allowing the executive to extend laws from other provinces to Delhi.</p> Signup and view all the answers

<p>Subordinate legislation flows from authorities other than the sovereign power, making it dependent on the superior authority.</p> Signup and view all the answers

<p>Article 13(3)(a) confers implied authority to the legislature to delegate law-making powers to the executive.</p> Signup and view all the answers

<p>Sub-delegation refers to the further delegation of powers by a delegate. It is considered ultra vires if the parent Act does not expressly or impliedly permit it.</p> Signup and view all the answers

<p>The Supreme Court ruled that the sub-delegation of powers by the Company Law Board was ultra vires because it lacked explicit authorization in the parent statute.</p> Signup and view all the answers

<p>Delegated legislation cannot exclude judicial review unless explicitly permitted by the parent statute, as judicial review is a constitutional safeguard.</p> Signup and view all the answers

<p>Retrospective effect in delegated legislation is restricted unless authorized by the parent Act, as it may impose new obligations or affect existing rights. This was illustrated in the case Hukam Chand v. Union of India.</p> Signup and view all the answers

<p>The case emphasizes that the power of judicial review is a part of the basic structure of the Constitution and cannot be excluded through delegated legislation.</p> Signup and view all the answers

<p>It allows the Central Government to temporarily suspend laws under certain circumstances.</p> Signup and view all the answers

<p>It extends existing legal frameworks to new situations without necessitating new legislation.</p> Signup and view all the answers

<p>It allows minor changes to existing laws without a full legislative process.</p> Signup and view all the answers

<p>It allows them to enforce compliance through penalties tailored to specific offenses.</p> Signup and view all the answers

<p>They are fundamental responsibilities of the legislature that reflect the democratic will of the people.</p> Signup and view all the answers

<p>It requires thorough debate and consideration by elected representatives.</p> Signup and view all the answers

<p>It would enable a subordinate body to alter the core intent of legislation.</p> Signup and view all the answers

<p>It applies new laws to past events and is restricted to prevent legal uncertainty.</p> Signup and view all the answers

<p>Taxation affects citizens' financial burdens and must be decided by the legislature.</p> Signup and view all the answers

<p>It restricts courts from deciding specific matters, which can affect individuals' access to justice.</p> Signup and view all the answers

<p>It involves determining what constitutes a crime and the corresponding punishment.</p> Signup and view all the answers

<p>The executive can adopt and apply existing statutes in new areas without major modifications.</p> Signup and view all the answers

<p>It represents the collective interests of citizens and ensures thorough evaluation of tax policies.</p> Signup and view all the answers

<p>It prevents arbitrary changes to tax laws by requiring debate and consensus among representatives.</p> Signup and view all the answers

<p>It empowers the government to adapt laws to meet current needs without full legislative procedures.</p> Signup and view all the answers

<p>The primary constitutional issue was whether the Indian legislature could delegate its legislative powers to the executive.</p> Signup and view all the answers

<p>The doctrine of excessive delegation tests the constitutional validity of delegated legislation, stating that essential legislative functions cannot be delegated.</p> Signup and view all the answers

<p>Only ancillary functions that do not constitute essential legislative powers can be delegated.</p> Signup and view all the answers

<p>Two advantages include time-saving for the legislature and allowing for expertise and specialization in drafting regulations.</p> Signup and view all the answers

<p>One significant risk is the potential for misuse or overreach by the executive.</p> Signup and view all the answers

<p>Judicial review allows courts to strike down delegated legislation that exceeds the scope of authority, contravenes constitutional provisions, or is arbitrary.</p> Signup and view all the answers

<p>The government can appoint a specific day for the Act to come into force, as outlined in statutes with an ‘appointed day’ clause.</p> Signup and view all the answers

<p>An example is when a broad law on environmental protection is enacted, leaving specific standards to be defined by an environmental authority.</p> Signup and view all the answers

<p>Inclusion refers to empowering the Government to extend the provisions of an Act to additional territories or classes of persons.</p> Signup and view all the answers

<p>Section 36 of the Payment of Bonus Act, 1965 empowers the Government to exempt certain establishments from the Act.</p> Signup and view all the answers

<p>The Supreme Court stated that the legislature cannot delegate its essential functions, such as determining legislative policy.</p> Signup and view all the answers

<p>The judiciary reviews delegated legislation and can strike it down if it is arbitrary, unreasonable, or exceeds granted authority.</p> Signup and view all the answers

<p>The lack of accountability can lead to reduced transparency and debate in the law-making process.</p> Signup and view all the answers

<p>Flexibility allows local authorities to adapt regulations to meet the specific needs and issues of their communities.</p> Signup and view all the answers

<p>The legislature can create a regulatory framework for environmental protection, while specific permissible emission levels are decided by an environmental authority.</p> Signup and view all the answers

<p>Defining crimes and penalties is a core legislative function that affects fundamental rights and liberties.</p> Signup and view all the answers

<p>'Ultra vires' means beyond power or authority, indicating actions taken without valid power by a person or body.</p> Signup and view all the answers

<p>A delegated legislation can be substantive ultra vires if it exceeds the scope of power granted by the parent Act.</p> Signup and view all the answers

<p>It illustrates that if a parent Act is unconstitutional, any delegated legislation made under it is also invalid.</p> Signup and view all the answers

<p>Essential legislative functions, such as defining legislative policy, cannot be delegated to subordinate authorities.</p> Signup and view all the answers

<p>It signifies that delegated legislation must conform to the provisions of the parent Act to be valid.</p> Signup and view all the answers

<p>It can be invalidated if it contradicts constitutional provisions or other established statutes.</p> Signup and view all the answers

<p>The Supreme Court invalidated the government notification for violating Article 14, which dealt with the right to equality.</p> Signup and view all the answers

<p>Unreasonableness refers to delegated legislation that is manifestly arbitrary or disproportionate to its objectives.</p> Signup and view all the answers

<p>Mala fide means bad faith; delegated legislation made with improper purposes can be invalidated.</p> Signup and view all the answers

<p>The two main tests are substantive ultra vires and procedural ultra vires.</p> Signup and view all the answers

<p>It is important to ensure that no agency exceeds its granted powers, preserving the integrity of legislative authority.</p> Signup and view all the answers

<p>Retrospective effect may render delegated legislation invalid if it alters rights or obligations unexpectedly.</p> Signup and view all the answers

<p>If it violates constitutional provisions, such as the right to equality or freedom to practice professions.</p> Signup and view all the answers