Law optional 2021 Paper I

Delegation of 'Legislative Powers' has neither been permitted nor prohibited under the Indian Constitution. Discuss the constitutionality of delegated legislation with the help of decided cases.

Verified Answer
  1. Core Legal Answer & Context: Delegated legislation refers to the law-making power conferred by the legislature (Parliament or State Legislatures) upon the executive or other subordinate bodies (like statutory authorities, local governments, or even government departments) to make rules, regulations, orders, or by-laws. The Indian Constitution does not explicitly permit or prohibit the delegation of legislative powers. However, the practice has evolved as a constitutional necessity in modern governance due to several factors:
  • Complexity of Modern Administration: Legislatures often lack the time and technical expertise to frame detailed laws for every complex issue.
  • Flexibility and Adaptability: Delegated legislation allows for quick adjustments and modifications to laws in response to changing circumstances without going through the lengthy legislative process.
  • Emergency Situations: It enables the executive to respond swiftly to unforeseen crises.
  • Expertise: Specific administrative bodies possess specialized knowledge required to frame detailed rules for their respective domains.

Despite its necessity, the constitutionality of delegated legislation is subject to certain limitations to prevent arbitrary exercise of power and maintain the supremacy of the legislature. The core principle is that the legislature cannot delegate its 'essential legislative function.' This means the legislature must lay down the policy, principles, and standards, and only the power to fill in the details or implement the policy can be delegated. If the legislature abdicates its essential function, the delegated legislation will be deemed unconstitutional.

Safeguards against abuse of delegated power include:

  • Parliamentary Control: Requiring delegated legislation to be laid before Parliament for scrutiny and approval.
  • Judicial Control: Courts can review delegated legislation on grounds of ultra vires (beyond the scope of the parent act) or unconstitutionality (violating fundamental rights or other constitutional provisions).
  1. Relevant Statutes and Sections: There are no specific articles in the Indian Constitution that directly deal with delegated legislation. Its constitutionality is inferred from the scheme of distribution of legislative powers (Articles 245, 246) and the inherent nature of legislative function. The power to make laws is primarily vested in the Parliament and State Legislatures.

  2. Important Landmark Cases:

  • In Re Delhi Laws Act, 1912 (1951): This landmark case is pivotal in establishing the constitutional limits of delegated legislation in India. The Supreme Court, by a majority, held that while the legislature cannot delegate its 'essential legislative function' (i.e., the power to determine the legislative policy and principles), it can delegate the power to make rules and regulations to carry out the policy laid down by the legislature. This case laid down the 'essential legislative function' test, which remains the guiding principle for the validity of delegated legislation.
  • Hamdard Dawakhana v. Union of India (1960): The Supreme Court reiterated the principle from the Delhi Laws Act case. It held that the legislature must declare the policy of the law and the legal principles which are to control any given case, and must provide a standard for the guidance of the delegate. If the legislative policy is not discernible, the delegation is excessive and unconstitutional.
  • M/s. Dwarka Prasad Laxmi Narain v. State of U.P. (1954): This case illustrated how delegated legislation can be struck down if it confers arbitrary and unguided power on the executive. The Supreme Court held that a clause in a control order that allowed the Textile Commissioner to grant or refuse a license without laying down any principles or standards for his guidance was an unconstitutional delegation of legislative power, as it conferred arbitrary authority.
  1. Clear Conclusion: Delegated legislation, though not explicitly provided for, is a recognized and essential feature of the Indian legal system, necessitated by the complexities of modern governance. Its constitutionality hinges on the legislature retaining its 'essential legislative function' by laying down clear policy and principles, while delegating only the power to fill in details. This practice is subject to strict judicial scrutiny to ensure that the delegate does not exceed its authority (ultra vires) and that the delegated powers are not exercised arbitrarily or in violation of constitutional provisions, thereby upholding the rule of law and legislative supremacy.