Questions and Answers
What is delegated legislation?
Legislation made by organs other than the legislature itself.
Which of the following is NOT a reason for the growth of delegated legislation?
The concept of 'Henry VIII clauses' allows ministers to amend or repeal provisions using secondary legislation.
True
Under the Essential Commodities Act, 1955, the Central Government is empowered to declare any other commodity as an __________ commodity.
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What case established that the Indian legislature has plenary powers of legislation?
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How may delegated legislation be broadly classified?
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What is conditional legislation?
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The High Court of Calcutta accepted that further delegation (sub-delegation) was permissible for the Indian legislature.
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What are the two categories of conditional legislation?
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What is delegated legislation?
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Which of the following is NOT a reason for the growth of delegated legislation?
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Under the Essential Commodities Act, 1955, the Central Government can declare any commodity as an ______.
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Sub-delegation of power is normally allowable under the maxim 'delegatus non potest delegare'.
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What are the two categories of conditional legislation?
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What is a Henry VIII clause?
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The leading authority on delegated legislation prior to the Indian Constitution was the case of ______.
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The Delhi Laws Act case was held invalid due to excessive delegation.
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Which case set the precedent for excessive delegation leading to legislation being invalidated?
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Match the following classifications of delegated legislation:
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Study Notes
Delegated Legislation Overview
- Delegated legislation is enacted by the executive as a representative of the legislature, allowing for legislative powers to be exercised by other entities.
- Definition by Salmond highlights that delegated legislation relies on a superior authority for its existence and validity.
- M P Jain and S N Jain state delegated legislation can refer to either the exercise of legislative power by a subordinate agency or the rules created by such authority under conferred power.
Growth of Delegated Legislation
- Factors contributing to the increase in delegated legislation include:
- Lack of Parliamentary Time: Legislative bodies may not have enough time to address complex issues.
- Technicality: Certain subjects require specialized knowledge.
- Flexibility: Allows for quick legislative changes in response to evolving situations.
- Emergency: Provides rapid responses to crises.
- Experiment: Facilitates trial legislation before broader implementation.
- Expertise: Delegated authorities may possess greater expertise in specific areas.
- Complexity: Modern laws often require intricate regulations that exceed standard legislative processes.
Classification of Administrative Rule Making
- Title-based classification: Includes rules, regulations, notifications, and others, often leading to confusion due to varying terminology.
- Discretion-based classification:
- Conditional legislation becomes effective once specific conditions outlined in the statute are met.
- Categories include future applicability and the authority to withdraw laws from specific areas.
- Authority-based classification (Sub-delegation): Involves granting further rule-making power, although generally disallowed under the principle 'delegatus non potest delegare'.
- Purpose-based classification: Encompasses enabling acts, extensions, and supplementary acts.
- Nature-based classification:
- Normal delegation: Clearly defined limits in enabling acts.
- Exceptional delegation: Includes the Henry VIII clause, allowing substantial legislative authority to the executive to amend laws.
Henry VIII Clause
- Permits ministers to modify or repeal aspects of Acts of Parliament via secondary legislation.
- Originated during the 16th century under King Henry VIII, who utilized parliamentary powers to impose autocracy.
- Statutes of Sewers (1531) and Proclamations (1539) exemplified early use, granting rule-making powers to the executive.
Judicial Interpretations in the U.S.
- Panama Refining Co. v. Ryan (1934): Supreme Court deemed delegation invalid due to lack of declared legislative policy.
- Mistretta v. U.S. (1989): Upheld sentencing guidelines, noting Congress did not delegate legislative powers to the commission, preserving the balance of powers.
Delegated Legislation in India
-
Pre-Constitutional Position:
- R v. Burah (1878): Established that the Indian legislature had plenary powers, rejecting the notion of sub-delegation to the Imperial Parliament.
- Jatindra Nath Gupta v. Province of Bihar (1949): Majority deemed the power to extend a law beyond a set period as a legislative act, while a dissenting opinion allowed it as continuity of the existing law.
-
Post-Constitutional Position:
- In re Delhi Laws Act (1951): Supreme Court confirmed that delegating legislative power is permissible but with limitations, rejecting provisions enabling repeal of existing laws without legislative policy changes.
- Hamdard Dawakhana v. Union of India (1960): Invalidated legislation for excessive delegation, underscoring the need for clear criteria and standards in delegated powers.
Delegated Legislation Overview
- Delegated legislation is enacted by the executive as a representative of the legislature, allowing for legislative powers to be exercised by other entities.
- Definition by Salmond highlights that delegated legislation relies on a superior authority for its existence and validity.
- M P Jain and S N Jain state delegated legislation can refer to either the exercise of legislative power by a subordinate agency or the rules created by such authority under conferred power.
Growth of Delegated Legislation
- Factors contributing to the increase in delegated legislation include:
- Lack of Parliamentary Time: Legislative bodies may not have enough time to address complex issues.
- Technicality: Certain subjects require specialized knowledge.
- Flexibility: Allows for quick legislative changes in response to evolving situations.
- Emergency: Provides rapid responses to crises.
- Experiment: Facilitates trial legislation before broader implementation.
- Expertise: Delegated authorities may possess greater expertise in specific areas.
- Complexity: Modern laws often require intricate regulations that exceed standard legislative processes.
Classification of Administrative Rule Making
- Title-based classification: Includes rules, regulations, notifications, and others, often leading to confusion due to varying terminology.
- Discretion-based classification:
- Conditional legislation becomes effective once specific conditions outlined in the statute are met.
- Categories include future applicability and the authority to withdraw laws from specific areas.
- Authority-based classification (Sub-delegation): Involves granting further rule-making power, although generally disallowed under the principle 'delegatus non potest delegare'.
- Purpose-based classification: Encompasses enabling acts, extensions, and supplementary acts.
- Nature-based classification:
- Normal delegation: Clearly defined limits in enabling acts.
- Exceptional delegation: Includes the Henry VIII clause, allowing substantial legislative authority to the executive to amend laws.
Henry VIII Clause
- Permits ministers to modify or repeal aspects of Acts of Parliament via secondary legislation.
- Originated during the 16th century under King Henry VIII, who utilized parliamentary powers to impose autocracy.
- Statutes of Sewers (1531) and Proclamations (1539) exemplified early use, granting rule-making powers to the executive.
Judicial Interpretations in the U.S.
- Panama Refining Co. v. Ryan (1934): Supreme Court deemed delegation invalid due to lack of declared legislative policy.
- Mistretta v. U.S. (1989): Upheld sentencing guidelines, noting Congress did not delegate legislative powers to the commission, preserving the balance of powers.
Delegated Legislation in India
-
Pre-Constitutional Position:
- R v. Burah (1878): Established that the Indian legislature had plenary powers, rejecting the notion of sub-delegation to the Imperial Parliament.
- Jatindra Nath Gupta v. Province of Bihar (1949): Majority deemed the power to extend a law beyond a set period as a legislative act, while a dissenting opinion allowed it as continuity of the existing law.
-
Post-Constitutional Position:
- In re Delhi Laws Act (1951): Supreme Court confirmed that delegating legislative power is permissible but with limitations, rejecting provisions enabling repeal of existing laws without legislative policy changes.
- Hamdard Dawakhana v. Union of India (1960): Invalidated legislation for excessive delegation, underscoring the need for clear criteria and standards in delegated powers.
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Description
This quiz delves into the concept of delegated legislation, discussing its definition, overview, and the factors that have contributed to its growth. Key points include the functions of subordinate agencies and the implications of legislative flexibility and response to emergencies. Test your knowledge on this critical aspect of legislative processes.
