Constitutionality of Delegated Legislation | Law Optional Notes for UPSC PDF Download

Delegated Legislation in India

• Definition: Delegated legislation is a crucial aspect of India's legal system, granting the government the authority to create laws within specified boundaries.
• Constitutional Framework: The Indian Constitution allows for delegation but imposes restrictions to ensure consistency with the parent act and safeguard legislative intent.
• Role of Legislature: The legislature plays a key role in establishing limits on delegated legislation.
• Evaluation: The reasonableness and procedural safeguards of delegated legislation are subject to scrutiny.
• Context: The context in which rule-making powers are exercised is essential in determining the constitutionality of delegated legislation.

Significance of Delegated Legislation

• Interpretation: Delegated legislation supplements primary laws by providing detailed regulations on specific matters.
• Authority: This form of legislation empowers designated entities to create rules and regulations, filling in gaps left by acts of Parliament.

Examples of Delegated Legislation

• Environmental Regulations: The Ministry of Environment may issue regulations on pollution control under the Environment Protection Act.
• Labor Laws: The government can create rules governing working conditions and wage rates under labor legislation.

Challenges and Controversies

• Accountability: Concerns exist regarding the accountability of entities creating delegated legislation.
• Legal Scrutiny: Judicial review is crucial to ensure that delegated laws align with constitutional principles.

Importance of Delegated Legislation

• Delegated legislation enables the government to formulate laws independently without waiting for parliamentary approval. This speeds up the law-making process and allows for timely adjustments.
• It provides the flexibility to modify penalties within existing laws or make necessary technical amendments without the need for new primary legislation.
• Significantly more delegated laws are enacted annually compared to Acts of Parliament, highlighting the crucial role of delegated legislation in governance.
• Delegated legislation carries the same legal authority as Acts of Parliament, ensuring that it holds substantial legal weight and validity.

Delegated Authority in Administrative Law

Recognition of Delegated Law

• Many countries worldwide acknowledge the concept of delegated law.
• Courts play a crucial role in determining the scope of delegated legislation when a nation's constitution is silent on this matter.
• Countries like the United States, India, Australia, Canada, and South Africa do not explicitly address this issue in their constitutions.

Constitutionality Assessment in India

• Various courts in India, including the Privy Council and the Supreme Court, have evaluated the constitutionality of administrative regulations over time.
• The Supreme Court of India has set legal standards through its decisions, serving as a benchmark for assessing delegations.
• For instance, in the case of Indian Oil Corporation v. Municipal Corporation, Jullundhar, the court emphasized that delegated laws must align with the parent act and not contradict legislative policies.

Limitations on Delegated Authority

• The legislature cannot delegate its core legislative responsibilities, such as creating a framework for overseeing a specific law.
• Delegating non-essential tasks, even if they are crucial, is not permissible under a different interpretation of the same principle.
• Courts have explored alternative approaches to assessing the constitutionality of challenged acts, requiring in-depth analysis and discussion.

Role of the Supreme Court

• The Supreme Court highlights that delegated legislation fills a gap by providing a basis for evaluating authority competence.
• The court considers the relevance of past and present circumstances concerning the use of rule-making power.

The Constitutionality of Delegated Legislation

Pre-independence Era

• Queen v. Burah (1878): In this pivotal case, the Privy Council permitted conditional legislation, delegating legislative authority to the executive, showcasing a significant legal precedent.
• King v. Benoari Lal Sharma: Similar to Queen v. Burah, this case contested the legality of the Governor-General of India's Emergency Ordinance, aiming to establish unique criminal courts, yet the Privy Council ruled this as not delegated legislation but an unconventional legislative authority.

Post-independence Era

• Raj Narain Singh vs. Chairman, Patna Administration Committee (1954): The Supreme Court of India validated the transfer of power from the legislative body to the executive body, granting local governments the authority to expand legislative provisions.
• Hamdard Dawakhana vs. Union of India (1959): This case highlighted the unconstitutional nature of transferring powers due to lack of clarity, as the Supreme Court declared the Center's authority to designate diseases and conditions under the Drug and Magic Remedies Act as exceeding permissible boundaries of delegation.
• Evolution of Understanding: In a 1973 ruling, the Supreme Court acknowledged the evolving nature of delegated legislation to meet the demands of a modern welfare state.

Delegated Legislation in the Indian Context

• Authority of the Legislature: In India, the Constitution empowers the legislature to assign its duties to other entities and to devise frameworks for executing the laws it formulates.
• Interpretation of Article 312: The Supreme Court, in the case of D. S. Gerewal v. State of Punjab, clarified the scope of delegated legislation under Article 312 of the Indian Constitution. It was emphasized that Article 312 does not curtail the traditional authority of delegation vested in the legislature.
• Comparison with Other Legal Systems: While the UK permits Parliament to delegate a wide array of functions without constraints, both the United States and India have limitations on the delegation of powers by Congress and Parliament, respectively.
• Constitutional Validity in India: Delegated legislation is deemed constitutionally valid in India, albeit subject to specific limitations and regulations to ensure alignment with the parent law.

Grounds to Determine Constitutionality of Administrative Delegated Legislation

• Consistency with Parent Act: In the Indian Oil Corporation v. Municipal Corporation, Jullundhar case, it was emphasized that any delegated legislation should align with the parent act and not contradict its legislative policies. This implies that a delegate should not possess more legislative authority than the delegator.
• Limits Determined by the Legislature: The boundaries of administrative rule-making must be established by the legislature, applying to all forms of delegated legislation.
• Essential Legislative Functions: The legislature is prohibited from delegating its essential legislative functions, including the establishment of policies governing an act. Delegation of non-essential functions, regardless of their significance, is also restricted.
• Divergent Statements as Suitable Policy: Following extensive debates, courts have determined that differing statements should be viewed as appropriate policy for the relevant Act, a crucial factor in assessing its constitutionality.
• Unreasonableness and Procedural Safeguards: Evaluating the validity of delegated legislation requires consideration of unreasonableness. Adherence to procedural safeguards outlined in the main act is also crucial.
• Motive Irrelevant: The Supreme Court clarified that the motive behind delegated legislation is not a valid criterion for assessing the competence of the authority. Instead, the context and background in which the rule-making power is exercised are taken into consideration.
• Public Interest and Doctrine of Proportionality: The violation of public interest is assessed by applying the doctrine of proportionality to determine the constitutionality of rule-making power.
• Court's Decision Binding: In the Bihar State Govt. Secondary School Teachers Assn. v. Ashok Kumar Sinha case, the court emphasized that an administrative authority cannot overturn a court's decision by altering its rules, as this would constitute contempt of court. This highlights the court's commitment to curbing excessive delegated legislation.
• Wide Scope for Grounds: While the scope of delegated legislation permits the use of several other criteria to evaluate its constitutionality, the mentioned grounds are sufficiently robust to grasp the necessity of defining permissible limits for delegated legislative functions. Article 245 of the Indian Constitution recognizes delegation as an integral part of legislative power, aiming not to restrict the function of delegated legislation but to prevent unnecessary conflicts in administrative processes.
• Case of the Kerala Education Bill: The court upheld delegation to the government as long as it was not "unguided" and "unconstitutional," relying on two protective grounds.
• Establishing Preferred Rules Before the Legislature: It is crucial to establish preferred rules before the legislature. A resolution must be passed by the legislature before the government can take any action. This resolution serves as an indication that the legislature has not abdicated its role in decision-making and governance.

Conclusion

• The constitutionality of delegated legislation in India is grounded in specific principles and guidelines. While the Indian Constitution permits delegation, it imposes certain constraints. Delegated legislation must conform to the parent act, ensuring consistency with legislative policies. The legislature determines the extent of delegation, with essential legislative functions remaining non-delegable.
• Unreasonableness and adherence to procedural safeguards are imperative. Motive is immaterial, with focus directed towards context and background. The assessment of public interest violation is conducted through the doctrine of proportionality. Courts are tasked with preventing excessive delegated legislation. Essentially, while the Indian Constitution allows delegated legislation, it is subject to controlled and specific limitations to mitigate conflicts in administrative processes.