Delegated Legislation: An Overview of its Types, Need, Criticism and Constitutional Validity in India

  • Ahel Choudhury
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  • Ahel Choudhury

    Student at Faculty of Law, Delhi University, India

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In general, Delegated Legislation refers to a type of legislation that is made by the Executive branch in compliance with the powers provided to it by the Primary Authority to carry out, oversee, and execute out the needs of the Primary Branch. It can be characterized as laws enacted by any entity operating under parliamentary power. It is also referred to as subordinate legislation. The Supreme Court of India created legal standards based on a number of rulings that are still used as a benchmark for determining whether a delegation is inherently constitutional or not. The Supreme Court's rulings have the following implications: • The court decided in Indian Oil Corporation V. Municipal Corporation, Jalandhar, that any delegated legislation had to be consistent with the parent act. Therefore, it shouldn't contravene any such legislative policies. In other words, the court made a suggestion that no delegate is supposed to have more legislative power than any other delegate. • The creation of policies to oversee specific acts is one of the fundamental legislative responsibilities that cannot be delegated by the legislature. An alternate interpretation of the same line would imply that it is impossible to delegate non-essential tasks, regardless of their importance. • The courts have determined to recognize any dissenting declaration as a proper policy for the Act in question, which will be necessary for assessing the grounds of legality, following extensive consideration, discussion, and deliberation. • The Supreme Court made it quite evident that judging an authority's competence shouldn't be based on why it passed legislation through delegation. Instead, the court would take into account the importance and relevance of the background and context in which the authority to make rules was used.


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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3959 - 3970


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