Delegated Legislation Overview

Laws made by subordinate authorities (like executive or judiciary) based on the power delegated by a higher authority (like Parliament).

Laws created by lower authorities, following a higher authority's prior power delegation.

The supreme law-making body (in India, Parliament) sets boundaries for creating laws by subordinate bodies.

Reasons Parliament delegates law-making to others include pressure, need for expertise, flexibility, and modern administration complexities.

The constitutionality of delegation is judged by precedents and implied legislative authority.

A delegated power should not be re-delegated.

Rules, regulations, orders, bye-laws are often forms of subordinate legislation.

An example of using delegated legislative powers to manage legal matters in specific regions.

A principle in law stating that a legislative body cannot give the executive complete freedom to create laws; some legislative power must remain with the legislature.

The core aspects of lawmaking, such as setting policy and principles, which cannot be delegated to another body.

Supporting tasks related to a law that can be delegated to the executive, like setting specific rules or regulations.

The power of the courts to review the validity of laws and actions taken by the executive to ensure they comply with the constitution.

The principle that governmental power should be divided among separate, independent branches (legislative, executive, and judicial) to prevent any one branch from becoming too powerful.

A law established to manage the legal affairs of the newly formed Delhi province after its separation from Punjab.

Reason for using delegated legislation: Legislatures can focus on broader issues while delegates address the specifics.

Reason for using delegated legislation; Experts can create detailed laws.

Reason for using delegated legislation; Regulations can be modified easily to meet changing conditions.

Reason for using delegated legislation; Local authorities can tailor laws to specific needs.

Reason for using delegated legislation; This reduces the pressure on the legislature.

Reason for using delegated legislation; Regulations can be established quickly.

Potential for misuse or overreach by the executive when delegated legislation is used.

A drawback of delegated legislation; Elected officials have less control over the law-making process, reducing democratic participation.

The power granted to an authority cannot be further delegated unless explicitly permitted by the parent statute. This principle is known as 'Delegatus non potest delegare.'

Sub-delegation, or further delegation of power, is only valid if the parent Act expressly or impliedly allows it. Otherwise, it's considered ultra vires, or beyond the authority granted.

Delegated legislation cannot exclude judicial review unless the parent statute explicitly permits it. Courts have the power to assess the legality of delegated legislation.

Delegated legislation cannot have retroactive effect unless explicitly authorized by the parent Act. This ensures fairness and prevents unforeseen consequences.

Delegated legislation cannot exclude judicial review unless explicitly permitted by the parent statute. Judicial review is a fundamental right that cannot be easily bypassed.

Authorizing the government to temporarily stop or loosen the rules of an existing law.

Extending existing regulations and policies to new circumstances without new legislation.

Changing existing laws in small ways to address specific problems or conditions.

Setting penalties for breaking rules, within boundaries set by the law.

Completely removing a law or its parts from the law books.

Big changes altering the whole point of a law.

Applying a new law to past actions.

Deciding how, at what rate, and on what items taxes are raised.

Limiting court power to consider certain legal issues.

Determining crimes and their punishments.

Powers that can't be passed on to others.

The power to make laws, set policies, and establish frameworks.

Legislatures, not administrative agencies or executives, define crimes and penalties.

Beyond the legal authority; a delegated act exceeding the power granted by the parent Act.

Delegated legislation exceeds the authority provided by the parent legislation.

The law that gives an agency the authority to create/make rules/regulations.

A parent Act violated the constitution; delegated legislation under this is invalid.

Delegated legislation goes against the original law.

Delegated rules conflict with other laws.

Delegated rules are illegal; they break a constitutional rule.

Rules that are not sensible or fair.

Rules made with bad intentions or for wrong reasons

Rules made without following the right procedure laid out by the parent act

Further passing of power is against the law; an agency cannot give away its power to another.

When the parent law removes or limits courts' ability to review something.