DELEGATED LEGISLATION-CLASSIFICATIONS-FORMS-REASONS FOR THE
GROWTH
INDEX
Serial Number Content Page Number
1. Introduction 03
3. Delegated Legislation: 04
Meaning
4. Reasons for Growth of 05
Delegated legislation
5. Nature and Scope of 06
Delegated Legislation
6. Classification of Delegated 07
Legislation
7. Forms of Delegation 12
8. Delegated Legislation in 19
Britain
9. Delegated Legislation in 19
U.S.A.
10. Delegated Legislation in India 21
11. Conclusion 24
INTRODUCTION
Administrative Law is that portion of law which determines the organization, powers and duties
of administrative authorities. The most significant and outstanding development of the twentieth
century is the rapid growth of administrative law. Though administrative law has been in
existence, in one form or the other, before the 20th century, it is in this century that the
philosophy as to the role and function of the State has undergone a radical change. The
governmental functions have multiplied by leaps and bounds. Today, the State is not merely a
police State, exercising sovereign functions, but as a progressive democratic State, it seeks to
ensure social security and social welfare for the common man, regulates the industrial relations,
exercises control over the production, manufacture and distribution of essential commodities,
starts many enterprises, tries to achieve equality for all and ensures equal pay for equal work. It
improves slums, looks after the health and morals of the people, provides education to children
and takes all the steps which social justice demands. In short, the modern State takes care of its
citizens from ‘cradle to grave’. All these developments have widened the scope and ambit of
administrative law.
1|Page
,Delegated Legislation : Meaning
One of the advances in the realm of administrative process made during these days is that apart
from 'pure' administrative function, the executive performs legislative function as well. Due to a
number of reasons, there is rapid growth of administrative legislation. According to the
traditional theory, the function of the executive is to administer the law enacted by the
legislature, and in the ideal State, the legislative power must be exercised exclusively by the
legislators who are directly responsible to the electorate. But, in truth, apart from ‘pure’
administrative functions, the executive performs many legislative and judicial functions also. It
has, therefore, been rightly said that the delegated legislation is so multitudinous that a statute
book would not only be incomplete but misleading unless it be read along with delegated
legislation which amplifies and supplements the law of the land.
It is very difficult to give any precise definition of the expression ‘delegated legislation.’It is
equally difficult to state with certainty the scope of such delegated legislation. According to
Salmond, legislation is either supreme or subordinate. Whereas the former proceeds from
sovereign or supreme power, the latter flow from any authority other than the sovereign power,
and is, therefore, dependent for its existence and continuance on superior or supreme
authority.Delegated legislation thus is a legislation made by a body or person other than the
Sovereign in Parliament by virtue of powers conferred by such sovereign under the statute.
A simple meaning of the expression ‘delegated legislation’ may be given as: ‘When the function
of legislation is entrusted to organs other than the legislature by the legislature itself, the
legislation made by such organs is called delegated legislation.’
Reasons for Growth of Delegated Legislation :
Many factors are responsible for the rapid growth of delegated legislation in every modern
democratic State. The traditional theory of ‘laissez faire’ has been given up by every State and
the old ‘police State’ has now become a ‘welfare State.’ Because of this radical change in the
philosophy as to the role to be played by the State, its functions have increased. Consequently,
delegated legislation has become essential and inevitable.
i. Pressure upon Parliamentary Time : As a result of the expanding horizons of State
activity, the bulk of legislation is so great that it is not possible for the legislature to
devote sufficient time to discuss all the matters in detail. Therefore, legislature
formulates the general policy and empowers the executive to fill in the details by
issuing necessary rules, regulations, bye-laws, etc. In the words of Sir Cecil Carr,
delegated legislation is “a growing child called upon to relieve the parent of the strain
of overwork and capable of attending to minor matters, while the parent manages the
main business.”
ii. Technicality : Sometimes, the subject-matter on which legislation is required is so
technical in nature that the legislator, being himself a common man, cannot be
2|Page
, expected to appreciate and legislate on the same, and the assistance of experts may be
required. Members of Parliament may be the best politicians but they are not experts
to deal with highly technical matters which are required to handled by experts. Here
the legislative power may be conferred on expert to deal with the technical problems,
e.g. gas, atomic energy ,drugs, electricity, etc.
iii. Flexibility: At the time of passing any legislative enactment, it is impossible to
foresee all the contingencies, and some provision is required to be made for these
unforeseen situations demanding exigent action. A legislative amendment is a slow
and cumbersome process, but by the device of delegated legislation, the executive can
meet the situation expeditiously, e.g. bank-rate, police regulation export and import,
foreign exchange, etc.For that purpose, in many statutes, a ‘removal of difficulty’
clause is found empowering the administration overcome difficulties by exercising
delegated power.
iv. Experiment: The practice of delegated legislation enables the executive to
experiment. This method permits rapid utilization of experience and implementation
of necessary changes in application of the provisions in the light of such experience,
e.g. in road traffic matters, an experiment may be conducted and in the light of its
application necessary changes could be made. Delegated legislation thus allows
employment and application of past experience.
v. Emergency: In times of emergency, quick action is required to be taken. The
legislative process is note quipped to provide for urgent solution to meet the situation.
Delegated legislation is the only convenient remedy. Therefore, in times of war and
other national emergencies, such as aggression, break down of law and order, strike,
'bandh', etc. the executive is vested with special and extremely wide powers to deal
with the situation. There was substantial growth of delegated legislation during the
two World Wars. Similarly, in situation of epidemics, floods, inflation, economic
depression, etc. immediate remedial actions are necessary which may not be possible
by lengthy legislative process and delegated legislation is the only convenient
remedy.
vi. Complexity of Modern Administration :The complexity of modem administration
and the expansion of the functions of the State to the economic and social sphere have
rendered it necessary to resort to new forms of legislation and to give wide powers to
various authorities on suitable occasions. By resorting to traditional legislative
process, the entire object may be frustrated by vested interests and the goal of control
and regulation over private trade and business may not be achieved at all.
The practice of empowering the executive to make subordinate legislation within the
prescribed sphere has evolved out of practical necessity and pragmatic needs of the
modem welfare State.
Nature and Scope of delegated legislation
3|Page
GROWTH
INDEX
Serial Number Content Page Number
1. Introduction 03
3. Delegated Legislation: 04
Meaning
4. Reasons for Growth of 05
Delegated legislation
5. Nature and Scope of 06
Delegated Legislation
6. Classification of Delegated 07
Legislation
7. Forms of Delegation 12
8. Delegated Legislation in 19
Britain
9. Delegated Legislation in 19
U.S.A.
10. Delegated Legislation in India 21
11. Conclusion 24
INTRODUCTION
Administrative Law is that portion of law which determines the organization, powers and duties
of administrative authorities. The most significant and outstanding development of the twentieth
century is the rapid growth of administrative law. Though administrative law has been in
existence, in one form or the other, before the 20th century, it is in this century that the
philosophy as to the role and function of the State has undergone a radical change. The
governmental functions have multiplied by leaps and bounds. Today, the State is not merely a
police State, exercising sovereign functions, but as a progressive democratic State, it seeks to
ensure social security and social welfare for the common man, regulates the industrial relations,
exercises control over the production, manufacture and distribution of essential commodities,
starts many enterprises, tries to achieve equality for all and ensures equal pay for equal work. It
improves slums, looks after the health and morals of the people, provides education to children
and takes all the steps which social justice demands. In short, the modern State takes care of its
citizens from ‘cradle to grave’. All these developments have widened the scope and ambit of
administrative law.
1|Page
,Delegated Legislation : Meaning
One of the advances in the realm of administrative process made during these days is that apart
from 'pure' administrative function, the executive performs legislative function as well. Due to a
number of reasons, there is rapid growth of administrative legislation. According to the
traditional theory, the function of the executive is to administer the law enacted by the
legislature, and in the ideal State, the legislative power must be exercised exclusively by the
legislators who are directly responsible to the electorate. But, in truth, apart from ‘pure’
administrative functions, the executive performs many legislative and judicial functions also. It
has, therefore, been rightly said that the delegated legislation is so multitudinous that a statute
book would not only be incomplete but misleading unless it be read along with delegated
legislation which amplifies and supplements the law of the land.
It is very difficult to give any precise definition of the expression ‘delegated legislation.’It is
equally difficult to state with certainty the scope of such delegated legislation. According to
Salmond, legislation is either supreme or subordinate. Whereas the former proceeds from
sovereign or supreme power, the latter flow from any authority other than the sovereign power,
and is, therefore, dependent for its existence and continuance on superior or supreme
authority.Delegated legislation thus is a legislation made by a body or person other than the
Sovereign in Parliament by virtue of powers conferred by such sovereign under the statute.
A simple meaning of the expression ‘delegated legislation’ may be given as: ‘When the function
of legislation is entrusted to organs other than the legislature by the legislature itself, the
legislation made by such organs is called delegated legislation.’
Reasons for Growth of Delegated Legislation :
Many factors are responsible for the rapid growth of delegated legislation in every modern
democratic State. The traditional theory of ‘laissez faire’ has been given up by every State and
the old ‘police State’ has now become a ‘welfare State.’ Because of this radical change in the
philosophy as to the role to be played by the State, its functions have increased. Consequently,
delegated legislation has become essential and inevitable.
i. Pressure upon Parliamentary Time : As a result of the expanding horizons of State
activity, the bulk of legislation is so great that it is not possible for the legislature to
devote sufficient time to discuss all the matters in detail. Therefore, legislature
formulates the general policy and empowers the executive to fill in the details by
issuing necessary rules, regulations, bye-laws, etc. In the words of Sir Cecil Carr,
delegated legislation is “a growing child called upon to relieve the parent of the strain
of overwork and capable of attending to minor matters, while the parent manages the
main business.”
ii. Technicality : Sometimes, the subject-matter on which legislation is required is so
technical in nature that the legislator, being himself a common man, cannot be
2|Page
, expected to appreciate and legislate on the same, and the assistance of experts may be
required. Members of Parliament may be the best politicians but they are not experts
to deal with highly technical matters which are required to handled by experts. Here
the legislative power may be conferred on expert to deal with the technical problems,
e.g. gas, atomic energy ,drugs, electricity, etc.
iii. Flexibility: At the time of passing any legislative enactment, it is impossible to
foresee all the contingencies, and some provision is required to be made for these
unforeseen situations demanding exigent action. A legislative amendment is a slow
and cumbersome process, but by the device of delegated legislation, the executive can
meet the situation expeditiously, e.g. bank-rate, police regulation export and import,
foreign exchange, etc.For that purpose, in many statutes, a ‘removal of difficulty’
clause is found empowering the administration overcome difficulties by exercising
delegated power.
iv. Experiment: The practice of delegated legislation enables the executive to
experiment. This method permits rapid utilization of experience and implementation
of necessary changes in application of the provisions in the light of such experience,
e.g. in road traffic matters, an experiment may be conducted and in the light of its
application necessary changes could be made. Delegated legislation thus allows
employment and application of past experience.
v. Emergency: In times of emergency, quick action is required to be taken. The
legislative process is note quipped to provide for urgent solution to meet the situation.
Delegated legislation is the only convenient remedy. Therefore, in times of war and
other national emergencies, such as aggression, break down of law and order, strike,
'bandh', etc. the executive is vested with special and extremely wide powers to deal
with the situation. There was substantial growth of delegated legislation during the
two World Wars. Similarly, in situation of epidemics, floods, inflation, economic
depression, etc. immediate remedial actions are necessary which may not be possible
by lengthy legislative process and delegated legislation is the only convenient
remedy.
vi. Complexity of Modern Administration :The complexity of modem administration
and the expansion of the functions of the State to the economic and social sphere have
rendered it necessary to resort to new forms of legislation and to give wide powers to
various authorities on suitable occasions. By resorting to traditional legislative
process, the entire object may be frustrated by vested interests and the goal of control
and regulation over private trade and business may not be achieved at all.
The practice of empowering the executive to make subordinate legislation within the
prescribed sphere has evolved out of practical necessity and pragmatic needs of the
modem welfare State.
Nature and Scope of delegated legislation
3|Page
