7/31/2019 Definitions of Delegated Legislation and Causes of Its Growth

1/2

Definitions of Delegated Legislation and Causes of its Growth

As a part of my academic curriculum I had written a piece in the subject of

Administrative Law titled Meaning of Delegated Legislation with special emphasis

on its need and causes of growth. I had compiled various definitions of delegated

legislation which I am sharing with the readers through this article. Also, The gist of thevarious reasons why Delegated Legislation is needed is also incorporated here in a

simplified manner.

Definitions of Delegated Legislation:

As stated in the Halsburys Laws of England

When an instrument of legislative nature is made by an authority in exercise of powerdelegated or conferred by the legislature it is called Subordinate legislation.[1]

The Committee on Delegated Legislation[2] had pointed out that the expression

delegated legislation is used in two senses-

In one sense delegated legislation means the exercise of the power of the rule

making, delegated to the executive by the legislature.

In the second sense, it means the output of the exercises of the power, viz.,

rules, regulations, orders, ordinances, etc. the expression is used here in both the

senses. Where the emphasis is on the limits of constitutionality of exercise of

such power, the term is used in the first sense; where the emphasis is on theconcrete rules the term is employed in the second sense.

Prof Upendra Bakshi remarked-

The situation in regard to delegated legislation, the volume of which the volume of

which is immensely greater than that of usual legislation, is even more. The Indian

parliament enacted from the period 1973 to 1977 a total of 302 laws; as against this

total number of statutory orders and rules passed in the same period was approx. 2544.

Justice P.B Mukherjee very well observed in this respect;

Delegated legislation is an expression which covers a multitude of confusion. It is an

excuse for the legislators, a shield for the administrators and a provocation to the

constitutional jurists. It is praised as a necessity and felt as inevitable in our world

where social economic technological psychological and administrative speed outstrips

the spacious and placid traditional legislative ideals and processes. It is criticized as an

abdication od power by legislators and an escape from the duty imposed on them by

voters of democracy. In England the king lost the legislative power at Runnymede and

parliament lost legislative at stampede that followed since to provide the government

for the country through administration and bureaucracy[3]

Prof. Wade and Phillips in their Book on Constitutional Law observed:

7/31/2019 Definitions of Delegated Legislation and Causes of Its Growth

2/2

The mass of details involved in the modern administration and the extension of the

functions of the State to the economic and social sphere have rendered it essential for

the Parliament to delegate to the Ministers the power to make statutory instruments.

According to Prof. Cecill Carr-

Necessity of delegated legislation is so multitudinous that the statute book would not

only be incomplete but misleading unless it be read along with the delegated legislation

which amplifies and amend it.

According to Oxford Dictionary of Politics-

Delegated (or secondary legislation) is law made by misters under powers given to

them by parliamentary Act (primary legislation) in order to implement and administer

the requirements of the Act. It has equal effect in Law. Altough it can be challenged in

courts on the grounds that specific pieces of delegated legislation are not properly based

on the powers given by the Acts.

Need of Delegated Legislation and Causes of its Growth

1. Pressure of work- Parliament is an extremely busy body. It is overloaded and

burdened with legislative work. It has to enact so many legislation that it can hardly

look into detail of every law.

2. Technicality of subjects -Some the legislations required to be enacted may betechnical in nature . The members of the legislature do not enjoy expertise over every

subject.

3. To meet unforeseen/emergency situations- There might arise certain contingency

were adjustments are required in the prevailing law urgently or frequently. The process

of amendment in the Parliament is a very time consuming and lengthy

procedure.Delegated Legislation gives power of adaptation in new situations. The

practice further, is valuable because it provides for a power of adaption of unknown

future condition without the necessity of amending the legislation. The method the

delegated legislation permits for the rapid utilization of experience, and enables the

rules of consultation with interests affected by the operation of new acts to betranslated into practice.[4]

4. Flexibility- In case of delegated legislation changes in the legislation take place more

frequently and without delay, this is not possible in legislation by parliament.

Moreover, the implementation of law becomes easier and flexible by means of

delegated legislation.