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DELEGATED LEGISLATION[1]

Table of Contents

QUESTION BANK

Q.1. What is delegated legislation? Is it necessary for the modern State? Can it amend the Act of Parliament?

Q.2. Define delegated legislation and discusses the merits and demerits of delegated legislation.

Q.3. Define delegated legislation. Discuss the reasons for growth of delegated legislation.

Q.4. Define ‘delegated legislation’. What are its limits? What are the factors leading to the growth of subordinate legislation?

Q.5. What do you understand from ‘Delegated Legislation’ and describe the conditions subject to which the legislature may delegate its legislative powers to the executive.

Q.6. Explain fully judicial and parliamentary control on delegated legislation.

Q.7. Discuss the need for delegated legislation.

Q.8. Discuss the features of delegated legislation.

Q.9. What is delegated legislation? Explain the various safeguards and controls on delegated legislature.

Q.10. Explain the various factors that led to the growth of delegated legislation and state briefly controls on delegated legislation.

SHORT NOTES

Sub-delegation.
Delegated legislation.
Legislative control of delegated legislation.
Separation of powers.

SYNOPSIS

Introduction.
Definition of Delegated Legislation.

III. Reasons for growth (merits/needs) of delegated legislation.

Pressure upon Parliamentary Time.
Technicality.
Flexibility.
Experiment.
Emergency.
Complexity of modern administration.
Demerits of Delegated Legislation.
No legislative deliberation.
Non- accountability to people.
No scope for public opinion.
Codification becomes difficult.
Difficulty in maintaining co-ordination.
Types of delegated legislation.
Power to bring an Act in operation.
Conditional legislation.
Power to fill in details.
Power to remove difficulty.
Essential legislative functions cannot be delegated.

VII. Controls over delegated legislation.

Judicial controls.
Substantial Ultra Vires.
Where Parent Act it self is unconstitutional.
Where delegated legislation is unconstitutional.
Where delegated legislation is in consistent with Parent Act.
Unreasonableness.
Malafied (Bad faith):-
Sub-delegation.
Exclusion of judicial review.
Retrospective operation.
b) Procedural Ultra vires:-
Publication.
Consultation.
Legislative control:-
Laying on table:-
Laying without further provisions for control.
Laying with postponement of operation.
Laying with negative resolution procedure.
Laying with draft.
Laying in draft and requiring ‘Positive resolutions’.
Laying with immediate effect but requiring ‘affirmative resolution’ for continuance.

b). Scrutiny committees: –

c). Other controls: –

NOTE

Sub-delegation:-

Constitutional validity of delegated legislation

I. INTRODUCTION: –

According to the traditional theory and constitutional provisions, the Government has three organs: the legislative[2], the executive, and the judiciary[3]. The legislature (i.e. Parliament and State Legislature) has to make statutes (i.e. laws). The executive (i.e., all Government departments, ministers, etc.) enforces the law and conducts administrative affairs. The judiciary (i.e. Supreme Court and High Courts) administers the justice and interprets the statutes. No organ can interfere in another’s field.

The most important function among these three is legislation. In an ideal State, the legislative power must be exercised exclusively by the legislators because they are elected (members of Parliament and State Assemblies) by the people (electorate) to make laws for them and are directly responsible to the people. However, they delegate some of their functions to the executive, allowing them to legislate. Such legislation made by the executive is called ‘Delegated Legislation’ or ‘Subordinate legislation’, or ‘quasi-legislative’ functions of the administration. Thus, the President, an executive head of the country, has the power to promulgate[4] ordinances and frame regulations for the peace, progress and good governance of certain union territories[5]. Similar powers are vested with the Governor of State. The principle of delegated legislation is contrary to the concept of ‘separation of powers’.

DEFINITION OF DELEGATED LEGISLATION:-

1. ‘Salmond’ defines: –

“Subordinate legislation is that which proceeds from any authority other than the sovereign power (legislature), and is, therefore, depends for its continued existence and validity on some superior source (i.e. legislature)[6]”.

M. P. Jain: –

The term ‘delegated legislation’ is used in two senses,-

a) the exercise by the subordinate agency of the legislative power delegated to it by the legislature[7]; or
b) the subsidiary rules themselves, which are made by the subordinate agency in pursuance of the power conferred on it by the legislature[8].

The first application means that the authority making the legislation is subordinate to the legislature. In other words, legislative powers are exercised by an authority other than the legislature (i.e., the executive) in the exercise of the powers delegated or conferred on them by the legislature. In the second connotation, delegated legislation means and includes all rules, regulations, bye-laws[9] etc. Thus, the Essential Commodities Act 1955, passed by the legislature, enumerates certain commodities as essential commodities under the Act. However, the Act has empowered the Central Government (the executive) to declare any other commodity as essential. Likewise, The Payment of Bonus Act empowers the Central Government to exempt any establishment or a class of establishments from the operation of the Act (i.e. from giving bonuses, etc.) regarding the financial position and other relevant considerations etc.

Thus, the statute enacted by the legislature conferring the legislative power upon the executive is known as the ‘Parent Act’ or ‘Primary law.[10]’, and the rules, regulations, by-laws, orders, etc. (as above) made by the executive in pursuance of the legislative powers conferred by the legislature are known as ‘Subordinate.[11]’ or ‘Subsidiary laws’ or the ‘child legislation’ or ‘quasi-legislative function of executive’. Such rules, regulations, bylaws, orders, etc., are made to make law execution possible.

In conclusion-

When the function of the legislation is entrusted to the organs other than the legislature by the Legislature themselves, the legislation made by such organ is called delegated legislation.[12].

III. REASONS (MERITS / NEEDS) FOR THE GROWTH OF DELEGATED LEGISLATION: –

These are also called the merits or needs of delegated legislation; they are as follows –

1. Pressure upon Parliamentary time[13] –

The traditional theory of ‘laissez-faire’ has been given up by today’s State, and the old ‘Police State’ has now become a ‘Welfare State.[14]’. Therefore, its role and functions have increased enormously. Consequently, the bulk of legislation has increased, and a legislature does not get sufficient time to discuss all the matters in detail. They only formulate the general policy, the skeleton.[15] and empowers the executive to fill in the details. It means to provide flesh and blood.[16] to the skeleton by means of issuing necessary rules, regulations, bye-laws, orders, etc., are left to the executives, i.e., in the Government or any department or affairs of the Government.

Technicality: –

The legislature may be the best politicians but not experts in dealing with highly technical matters. The laws on such highly technical matters must be made by experts in that field (under the power conferred to them by the legislature), e.g. making laws on the matter of gas, atomic energy, drugs, electricity, cyber crime, medicines, etc.

Flexibility[17]: –

The legislature’s law-making process and amendments are very slow and cumbersome. However, some circumstances require rapid decisions, e.g., bankruptcy, police regulations, terrorist activities, foreign exchange, export and import policies, etc. The executive can meet such situations effectively and expeditiously if delegated legislation is allowed.

Experiment[18]: –

The supreme legislation is dilatory and rigid, and the legislature uses it as a last resort; therefore, passing laws for experimentation is difficult. The delegated legislation permits the executive to quickly use experience and implement necessary changes, e.g., Traffic problems, excise matters, share market, etc. An experiment may be conducted, and necessary changes could be made in light of its application.

Emergency[19]: –

In times of emergency, quick actions are needed since the legislative process is dilatory and rigid; it does not provide urgent solutions. Delegated legislation is the only convenient and possible remedy in such circumstances. Therefore, in times of war and other national emergencies, e.g., floods, drought, etc., the executive is vested with special and vast powers to deal with the situation.

Complexity of modern administration[20]: –

The complexity of modern administration and the enormous expansion of the State’s functions to the economic and social sphere have rendered it necessary to resort to delegated legislation and to give wide powers to various authorities on suitable occasions.

IV] DEMERITS OF DELEGATED LEGISLATION: –

As merits, delegated legislation has some demerits also, viz-

No Legislative deliberation[21]: –

The law passed by the legislature is the outcome of the collective wisdom of representatives. It is a careful discussion of legislation for and against the bill, which makes the law more useful and acceptable to a community. However, in the case of delegated legislation, the rules are framed in the closed chamber of a bureaucrat; therefore, delegated legislation lacks legislative deliberation.

Non- accountability to people[22]: –

Like the legislature, the people do not elect executives; they are appointed or employed for a fixed period. Therefore, legislatures are accountable to the people for the enactment of every law. Executives are not accountable to the people because, like the legislature, they do not approach people for votes in the election.

No scope for public opinion[23]: –

In the modern legislative process, the draft of a bill[24] is published and is open for public examination and criticism. The opinions of interested persons are called, whereby legislature (in making law) benefits. Whereas, in delegated legislation, such a prior publication[25] is not always possible, and therefore, public opinion in law-making is not considered.

Codification becomes difficult[26]: –

Codification becomes very difficult in delegation. Several hundred Government orders, rules, notifications, etc., are published by different departments every day. Therefore, getting copies of such delegated legislation and codifying it becomes very difficult.

Difficulty in maintaining co-ordination[27]: –

Subordinate legislation is the product of several departments. Therefore, there may often be no coordination between these departments.

V] TYPES OF DELEGATED LEGISLATION[28]: –

Delegated legislation may be classified as follows-

Power to fill in details[29]: –

This is the most common type of delegated legislation. The legislature passes the skeleton and empowers the executive to provide flesh and blood in it by way of rules, regulations, appendixes, schedules, bylaws, notifications, schemes, orders, ordinances, directions, etc., in order to make the law more practicable.

Power to bring an Act into operation[30].

Several statutes contain an ‘appointed day’ clause, which empowers the Government to appoint a day for the Act to come into force. In such cases, the Act’s operation depends on the government’s decision as to when it will be brought into operation.

Conditional legislation[31]: –

The legislature makes the law but leaves it to the Executive to bring the Act into operation when conditions demanding such operation occur. It is also called discretion-based legislation because it provides discretion to bring an Act into existence. It is of three types –

a. Legislation to bring an Act into operation.
b. Legislation to extend the application of any Act in force in one territory to another territory and make it suitable for that territory.
c. To extend or exempt certain categories of subjects or territories from the operation of an Act.
Power to remove difficulties[32] (Henry VIII Clause):-

In many statutes, the power to remove difficulties is conferred on the executive because the legislature cannot foresee every problem that may come in the future when enforcing the statute. The purpose of such provision is to enable the executive to remove difficulties in implementing the Act and to effectuate its purpose and policy.

In the above types, the delegation of legislation is permissible. Therefore, they are called areas of ‘permissible legislation’. According to the Committee on Minister’s Power, such a provision is not objectionable. It has been reported that the sole purpose of Parliament in enacting such a provision is ‘to enable minor adjustments of its own handiworks to be made to fit its principles into the fabric of existing legislation, general or local’. Another type of removal of difficulty clause is very wide. It authorises the executive, in the name of removal of difficulties, to modify even the Parent Act or any other Act. This provision is called the Henry VIII clause. This provision has been vehemently criticised as against democratic principles, therefore, delegation regarding it is not allowed generally.

VI] ESSENTIAL LEGISLATIVE FUNCTIONS CAN NOT BE DELEGATED[33]: –

Even though the Constitution does not specifically bar the delegation of legislative power by the legislature to the executive, it is now well-settled that essential legislative functions cannot be delegated. The legislature cannot create a parallel legislature by delegating its legislative powers to the executive.

The following are essential legislative functions and, therefore, can not be delegated.

Repeal of law[34].
Power to modify the Act in its important aspects[35].
Power to exempt from the operation of law[36].
Power to remove difficulties in law, paving the way to autocracy[37].
Power of giving retrospective effect to the law[38].
Power of imposing taxes on citizens by passing taxing statutes[39].
Power to oust the jurisdiction of the court[40].
Power of making a particular act into an offence and prescribing punishments for it[41].

VII] CONTROLS OVER DELEGATED LEGISLATION: –

Nowadays, delegated legislation is inevitable and indispensable. It provides the public with speedy, convenient and technical legislation and reduces pressure on Parliamentary work. However, there is an inherent danger of abuse of legislative power by the executive authorities. Therefore, a delegation of legislative power must be confined within the possible limits. Controlling the delegation of legislative power must be confined within the possible limit. Controlling delegated legislation becomes necessary because executives are not accountable to people directly. The control over the delegated legislation is exercised in two stages. Firstly, at the stage of actual delegation of legislative powers[42] by the legislature to the executive, e.g. permissible legislation, etc. Secondly, at the stage when the executive misuses or abuses power in practice.

The following three controls operate against abuse of delegated legislation viz-

A. Judicial Control[43] –

In almost all democratic countries, courts have the power to review administrative action, i.e., to decide the validity or invalidity of delegated legislation by applying two tests.

a) Substantive Ultra-vires[44] –

When delegated legislation goes beyond the scope of the authority conferred by the Parent Statute or Constitution, it is called substantial ultra vires.

In the following circumstances, delegated legislation is considered invalid on the grounds of substantial ultra vires.

Where the Parent Act itself is unconstitutional[45] –

For delegation to be valid, the Parent Act or Enabling Act must be valid and constitutional, by which legislative power is conferred on the executive authority.

In Chintamanrao V/s. State of M. P[46].

Facts – The Parent Act authorised a Deputy Commissioner to prohibit the manufacture of bidis in some areas during certain periods.

Supreme Court held that:- the order passed by the Deputy Commissioner is ultra vires because the Parent Act, under which the commissioner had authority, is itself unconstitutional. It violated the fundamental rights of the individual to carry on any occupation, trade or business guaranteed by Art. 19 (1) (g) of the Constitution.[47].

Where delegated legislation is unconstitutional[48]: –

Sometimes, a Parent Act may be Constitutional, and the delegated legislation may be inconsistent with the Parent Act. Yet, delegated legislation is held invalid if it contravenes any of the provisions of the Constitution.[49].

Where delegated legislation is inconsistent with the Parent Act[50]: –

Delegated legislation is invalid if it is inconsistent with the Parent Act.

In Hindustan Times V/s.State of U.P[51]

Facts – The Parliament, by statutory Act, framed a pension scheme to benefit retiring journalists. The State Government took away these benefits through an executive order under the rule-making power conferred on it.

Supreme Court Held: – an executive order cannot override a statute.

Unreasonableness[52]: –

In certain circumstances, delegated legislation may be challenged because it is unreasonable. It gives wide discretionary powers of judicial review in courts.

In Alridge V/s. Islington Corporation[53]

Facts – A bylaws imposed an absolute duty on every landlord to cause the premises to be cleaned at least once a year and imposed a penalty on failure.

Court Held – A bylaw is invalid on the grounds of unreasonableness because the landlord may be unable to carry out work without breaking a tenancy contract or committing trespass.

Malafied[54] (Bad faith):-

Delegated legislation is invalid if it seems to have been passed minified, i.e. with bad faith.[55].

Sub- delegation[56]:-

The maxim ‘delegates non-potest delegare’ (a delegate can not further delegate) applies to delegated legislation also, and the delegate cannot sub-delegate the power conferred on him unless the Parent Act authorises him to do so.

Exclusion of judicial review[57]: –

In an Act passed by the legislature, a provision may be made that rules, regulations, bylaws, etc., made under the act “shall not be called in question in any court” or “shall have effect as if enacted in the Act” and the like. These provisions cannot oust judicial review of delegated legislation.[58].

Retrospective operation[59]: –

The delegated legislation cannot have any retrospective effect unless the Parent Act confers such power on the rule-making authority (i.e., the executive).[60]

b) Procedural ultra vires[61]: –

When subordinate legislation fails to comply with certain procedural requirements prescribed by the Parent Act or by general law, it is known as procedural ultra vires. Such procedures may relate to holding consultations with particular bodies or interests, publishing draft rules or bylaws, laying them before Parliament, etc.

Such procedural requirements may be mandatory or directory. Generally, non-compliance with directory procedural requirements does not invalidate subordinate legislation, but failure to observe mandatory requirements does.

The following two procedural requirements should be complied with.

Publication[62] –

Ignorance of the law is no excuse (i.e. ignorantia juris Non excusat) is a fundamental principle of law. At the same time, the public must have access to the law and be allowed to know the law. This can be done only through the publication of the law. Therefore, all laws shall be published.

In England, the publication of an Act is compulsory. In America, it is also compulsory to publish laws. Unfortunately, no such legislation in India makes the publication of law compulsory; nevertheless, courts have formulated various rules for its publication. Generally, rules in India are published in the official Gazette.

In Harla V/s. State of Rajasthan[63]

Facts—The legislation in question passed by the Council (executive) was neither published nor made known to the general public in any other way.

The Supreme Court held that the publication of rules, laws, etc., is necessary by the rules of natural justice.

Consultation[64]: –

Consultation is an important measure to check and control the exercise of legislative power by the executive. By this method, subordinate legislative authority consults with the persons whose interests will be affected by their law-making. The opinion of such interests is taken into consideration while making legislation.

In America, it is mandatory to consult interested persons before making subordinate legislation. However, England and India have no mandatory provision to that effect.

In Banwarilal V/s. State of Bihar[65]

Facts—S.59 of The Mines Act, 1952 provides for compulsory consultation with the Mining Boards by the Central Government before formulating any rules and regulations under it. However, the Central Government did not consult with the Mining Boards while formulating regulations.

Supreme Court held that – The regulation is ultra-vires for want of Consultation.

B) Legislative (Parliamentary) control[66]–

The legislature can undoubtedly delegate its legislative duty to the executive branch, but it must also ensure that the executives properly exercise the powers delegated to them. Therefore, it is the legislature’s duty to supervise and control the actual exercise of delegated legislative power.

The legislature exercises control over delegated legislation at the following two levels.

Laying on the table[67] –

It is the earliest opportunity available to the legislature to control delegated legislation. Laying on the table means putting the subordinate legislation before the Parliament. It is the control exercised by the legislature at the stage of delegation itself.

It serves two purposes: first, it informs the legislature as to what rules executives have made in exercising a power delegated to them. Second, it provides an opportunity for the legislature to challenge the rules already made or proposed to be made.

In England, America, etc., the procedure of laying on the legislature’s table is mandatory. However, no such mandatory provision exists in India. There are several types of laying, differing in degree of control by legislation. Viz-

Laying without further provisions for control[68] –

The Parent Act requires delegated legislation to be laid before the legislature to merely inform the legislature about what executives make rules. The delegated legislation becomes operative from the date of its laying before the House and, in exceptional cases, even before it is so laid.

Laying with the postponement of operation[69]: –

The Parent Act restricts the subordinate authority and gives more control to Parliament.

The law prepared by the subordinate authority is first laid before the Parliament, and its operation is postponed until the Parliamentary confirmation.

Laying with ‘negative resolution’ procedure[70]: –

It is the most common form of parliamentary control over delegated legislation. In this method, the rule becomes operative as soon as it is laid before the Parliament. However, it ceases to be operative if the Parliament disapproves of it within the specified period.

Laying with draft[71]: –

In this method, the Parent Act enables executives to prepare a draft of the law and lay it before Parliament; such a law comes into force on the date fixed by Parliament. It is somehow a mixture of ‘conditional legislation’ and ‘negative resolution’.

Laying in the draft and requiring ‘positive resolution[72]’ –

It lays stringent Parliamentary supervision and control over delegated legislation. In this method, the draft rules are not effective unless approved by the ‘affirmative resolution’ passed by the Parliament. It provides an opportunity for the members of the legislature to discuss and question the rules before the executive can finally affect them.

Laying with immediate effect but requiring affirmative resolution for continuance[73]: –

This method is used in cases where prompt operation of delegated legislation is essential, but strict Parliamentary control is equally necessary. Such subsequent confirmative resolution keeps the delegated legislation, which would otherwise cease to operate, continuing.

b) Scrutiny Committee[74]:-

Object: –

Laying on a table is not very useful unless the rules and regulations are properly studied and scrutinised. It is also not of much use because laying delegated legislation before Parliament is not mandatory in all cases. Therefore, scrutiny committees have been established to strengthen parliamentary control over delegated legislation.

In India, there are two scrutiny committees viz. 1) The Lok-Sabha Committee on subordinate legislation and 2) The Rajya-Sabha Committee on subordinate legislation. In England, the scrutiny committee is known as the ‘Select Committee’ on statutory instruments established by the House of Commons in 1944.

Functions: –

Scrutiny and reporting to respective Houses regarding whether the power to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by Parliament is properly exercised within such delegation.

“The committee acts as a watchdog which barks and arose their master (i.e. Parliament) from slumber when they find that an invasion on the premises (i.e. legislation) has taken place.”

In conclusion, the parliamentary control of delegated legislation is not effective or sufficient.

C] Other Controls[75]: –

Judicial and Parliamentary controls are not sufficient. Therefore, to control and safeguard delegated legislation, some additional safeguards are also provided, viz-

At the time of delegation, the limit of the power should be clearly defined in the statute by which delegation is effected.
The courts should not give the executive authorities blanket powers when interpreting the provisions of rules and regulations.
The delegation of power should be conferred only on trustworthy authorities like central and State Governments etc.

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NOTE

1. SUB-DELEGATION[76] –

The maxim ‘delegates non-potest delegare’ (a delegate cannot further delegate)[77] applies to delegated legislation also, and therefore, it is impossible to delegate to sub-delegate the power conferred on him unless the Parent Act authorises him to do so. The Parent Act may authorise sub-delegation of rule-making power, e.g. Essential Commodities Act. 1955, S. 3 confers power on the Central Government. Again, S. 5 of the said Act empowers the Central Government to further delegate powers to its own officers, the State Government, or their officers. The State Government may further delegate (sub-delegate) these powers to its officers or authorities.

This maxim does not apply to ministerial functions, i.e., the function without discretion. In other words, ministerial work can be sub-delegated. However, judicial work cannot be sub-delegated where discretion plays an important role.

In Allingham V/s. Minister of Agriculture[78]

Facts—The British Parliament, by law, delegated the power of giving direction regarding agricultural matters to a committee headed by the agricultural minister. The committee sub-delegated its powers to subordinate authorities. Such subordinate authority issued directions that were challenged.

Kings Bench held – that the sub-delegation was void.

In India, a similar principle is followed: if the Parent Act permits sub-delegation, it is only allowed.

In Ganpati Singhji V/s. State of Ajmer[79]

Facts—The State of Ajmer, by making law, enabled the chief commissioner to make rules and alterations to them. However, the chief commissioner sub-delegated this to the district magistrate.

Supreme Court held:- that sub-delegation was invalid.

Constitutional Validity of Delegated Legislation[80]

After the commencement of the Constitution, the question of the constitutional validity of delegated legislation first time came before the Supreme Court in the Delhi Laws Act.

In Delhi Laws Act, 1912, Re[81]

Facts:-. The President of India, under Article 143 of the Constitution, made a reference to the Supreme Court in the following circumstances:

The Central Government (i.e. executive) was authorised by Section 2 of the ‘‘Part ‘C’ States’’ (Laws) Act, 1950 (by the legislature) to extend to any “Part ‘C’ State’’ (with such modifications and restrictions as it thinks fit), any enactment in force in ‘‘Part ‘A’ State’’; and while doing so, it could repeal or amend any corresponding law (other than a Central Act) which might be in force in the ‘‘Part ‘C’ State’’.

The Supreme Court held:- that the provision is valid subject to two limitations—

(i) The executive cannot be authorised to repeal a law in force, and thus, the provision which empowered the Central Government to repeal a law already in force in the Part C State was bad and

(ii) By exercising the power of modification, the legislative policy should not be changed; and thus, before applying any law to “Part ‘C’ States”, the Central Government cannot change the legislative policy.

This case is important because, on the one hand, it permitted the delegation of legislative power by the legislature to the executive, while on the other hand, it laid the limit on the extent of the delegation of legislative power.

However, in Hamdard Dawakhana V/s.Union Of India[82]is the first case in which the Central Act was held ultra vires on the grounds of excessive delegation.

Facts:- The Parliament enacted the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 to control the advertisement of certain drugs; section 3 laid down a list of diseases for which advertisement was prohibited and authorised the Central Government ( executive ) to include any other disease in the list.

The Supreme Court held:- that Section 3 is invalid as no criteria, standards or principles have been laid down therein, and the power delegated was unguided and uncontrolled.

In Brij Sunder V/s. First Addl. Dist. Judge[83]

Supreme Court Observed that ‘The delegation of power to extend even future laws of another State will not be bad so long as, in the process and under the guise of alteration and modification, an alteration of the essential character of the law or a change of it in essential particulars is not permitted’.

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[1] प्रशासनास कायदेमंडळाचे अधिकार सुपूर्द करुन केलेला कायदा/प्रषासनास कायदा बनविण्याच्या अधिकाराचे हस्तांतरण करुन केलेला कायदा/दुय्यम किंवा गौण कायदे/सुपूर्द कायदा [प्रशासन को कानून बनाने की शक्ति हस्तांतरित करके प्रशासन ने बनाया कानून/द्वितीयक या अधीनस्थ विधान/प्रत्यायोजित विधान]

[2] कायदेमंडळ [विधानमंडल]

[3] कार्यकारी मंडळ आणि न्यायपालिका [कार्यकारी बोर्ड और न्यायपालिका]

[4] वटहुकूम काढणे [अध्यादेश जारी करने की शक्ति]

[5] केंद्रशासीत प्रदेश [केंद्र शासित प्रदेश]

[6] हस्तांतरण करुन बनविलेला कायदा म्हणजे – असा कायदा की जो कायदे मंडळा व्यतिरिक्त अधिका-यांनी बनविलेला असतो आणि जो कायदा त्याच्या अस्तित्वासाठी व कायदेशिर पनासाठी सार्वभौम कायदे मंडळावर अवलंबून असतो [हस्तांतरण द्वारा बनाया गया कानून एक कानून है जो विधानमंडल के अलावा किसी अन्य प्राधिकरण द्वारा बनाया गया है और जो अपने अस्तित्व और वैधता के लिए सार्वभौम विधानमंडल पर निर्भर है।]

[7] कायदे मंडळाचे हस्तांतरीत केलेल्या अधिकारात दुय्यम मंडळाचे कायदे बनविणे. [अधीनस्थ एजेंसी द्वारा उसे सौंपी गई विधायी शक्ति का प्रयोग करके बनाये गये कानून]

[8] कायदे मंडळाने हस्तांतरीत केलेल्या अधिकारा अंतर्गत पूर्वीपासून अस्तित्वात असलेल्या व कायदे मंडळाने बनविलेल्या कायदयामद्धे दुय्यम दर्जाचे नियम बनविणे. [सहायक नियम, जो प्रशासकीय एजेंसी द्वारा, उन्हे विधानमंडल द्वारा प्रदत्त शक्ति के अनुसरण में बनाए जाते हैं]

[9] नियम, नियमन, पोट कायदे [नियम, विनियम, उपनियम]

[10] प्राथमिक/मूळ कायदा [प्राथमिक/मुख्य कानून]

[11] दुय्यम [गौण/ अधीनस्थ]

[12] ज्यावेळी कायदा अथवा त्याअंतर्गत नियम, नियमन, पोट कायदे अज्ञा करण्याचे कार्य कायदे मंडळा व्यतीरिक्त अधिका-यांकडे/मंडळाकडे सोपविले जाते व तषा प्रकारे त्यांनी कायदे, नियम इ. बनविले जातात त्यास दुय्यम किंवा गौण कायदे असे म्हणतात [जब कानून का कार्य विधायिका के अलावा अन्य अंगों को स्वयं विधानमंडल द्वारा सौंपा जाता है, तो ऐसे अंग द्वारा बनाए गए कानून को प्रत्यायोजित विधान/गौण कानून कहा जाता है|

[13] संसदेकडे वेळेची कमतरता [संसद के पास समय की कमी है]

[14] कल्याणकारी राज्य/राष्ट्राची संकल्पना [कल्याणकारी राज्य/राष्ट्रा की अवधारणा]

[15] आराखडा, सांगाडा [रूपरेखा, कंकाल]

[16] मांस आणि रक्त [मांस और खून]

[17] लवचिकता [लचीलापन]

[18] प्रयोग/प्रात्यक्षिक [प्रयोग/प्रदर्शन]

[19] आणिबाणीची परिस्थिती [आपातकालीन स्थितियाँ]

[20] आधुनिक प्रषासनातील किचकटपणा [आधुनिक प्रशासन में जटिलता]

[21] कायदेविशयक चर्चा होत नाही [कोई कानूनी चर्चा नहीं होती]

[22] प्रषासक जनतेस जबाबदार नसतात [प्रशासन जनता के प्रति जवाबदेही नहीं होती]

[23] लोकमताला महत्त्व नाही [जनता की राय कोई मायने नहीं रखती]

[24] कायदयाचा मसूदा [कानून का मसौदा]

[25] पूर्व प्रकाषन

[26] मसुदा तयार करणे अवघड असते [मसौदा तैयार करना कठिन होता है]]

[27] समन्वय साधने अवघड/ कठीण [समन्वय करणा कठिन]

[28] गौण/दुय्यम कायदयाचे प्रकार [अधीनस्थ/गौण विधान के प्रकार]

[29] सविस्तर/विस्तृत तरतुदी करण्याचा अधिकार [विस्तृत/व्यापक प्रावधान करने की शक्ति/ विवरण भरने की शक्ति]

[30] कायदयाची अंमलबजावणी लागू करण्याचा दिवस ठरविण्याचा अधिकार [अधिनियम के प्रवर्तन का दिन नियत करने की शक्ति]

[31] परिस्थितीवर अवलंबून कायदा ती परिस्थिती उद्भवली का? ते ठरवून कायदा अंमलात आणण्याचा अधिकार [स्थिति के आधार पर कानून, क्या वह स्थिति उत्पन्न हुई? उसपर कानून तय करने और लागू करने की शक्ति]

[32] अडथळे दूर करण्याचा अधिकार [बाधाओं को दूर करने का अधिकार]

[33] महत्वाची कायदेशीर कार्ये हस्तांतरीत करता येणार नाहीत [महत्वपूर्ण कानूनी कार्यों को सौंपा नहीं जा सकता है]

[34] कायदा रद्द करणे [अधिनियम का निरसन]

[35] कायदयाच्या महत्वाच्या तरतूदी दुरुस्त करणे [अधिनियम के महत्वपूर्ण प्रावधानों में संशोधन करणा]

[36] कायदयाच्या महत्त्वाच्या तरतुदीतून सूट देणे [अधिनियम के महत्वपूर्ण प्रावधानों से छूट]

[37] Power to remove difficulties in law paving way to autocracy is popularly known as ‘Henry VIII Clause. एकाधिकारषाहीला वाट मोकळी करुन देण्यासाठी अडथळे दूर करण्याचा अधिकारास ‘हेनरी VIII क्लॉज’ म्हणतात[ [निरंकुशता का मार्ग प्रशस्त करने वाली कानून की कठिनाइयों को दूर करने की शक्ति को लोकप्रिय रूप से ‘हेनरी VIII क्लॉज’ के रूप में जाना जाता है।]

[38] कायदयास पूर्वलक्षी अंमल देण्याच्या तरतुदीबद्दल [[अधिनियम के पूर्वव्यापी आवेदन के प्रावधान के संबंध में]

[39] कर-कायदे निर्माण करुन नागरीकांवर कर लादणे [कर कानून बनाकर नागरिकों पर कर लगाना]

[40] न्यायालयाचे अधिकार क्षेत्र नाहीसे करण्याचा अधिकार [न्यायालय की अधिकारिता को अपवर्जित करने की शक्ति]

[41] एखादं विषिश्ठ कृत्य अपराध ठरवणे व त्याला षिक्षा निष्चित करणे [किसी विशेष कार्य को अपराधी बनाना और उसके लिए सजा तय करना]

[42] प्रत्यक्ष अधिकारांच्या हस्तांतरावेळी [विधायी शक्तियों के वास्तविक सौपणे के चरण में]

[43] न्यायिक नियंत्रण

[44] ‘Ultra vires’ means beyond the power

[45] मूळ कायदा घटनाबाहय असतो [जहां मूल अधिनियम ही असंवैधानिक है]

[46] AIR 1951 SC 118

[47] Municipal; Corporation, Amritsar V/s. Senior Supr. Of Post Offices (2004 AIR SCW 466).

Facts– Government issued circular regarding liability of Government departments to pay service charges on their properties to Municipality.

Held– Circular cannot override bar contained in Art. 285 (1) of the Constitution from paying such charges by Government Departments. Hence circular is ultra-vires to the Constitution.

[48] जर सुपूर्द कायदा हा घटनाबाहय असेल तर [जहां प्रत्यायोजित कानून असंवैधानिक होता है]

[49] In Narendra Kumar V/S.Union of India; (AIR 1960 SC 430)

Supreme Court held – that even though a Parent Act might not be unconstitutional, an order made there under by executive can still be unconstitutional and can be challenged as violative of the provisions of the constitution.

[50] सुपूर्द कायदा मूळ कायदयाषी विसंगत असेल तर [जहां प्रत्यायोजित विधान मूल अधिनियम के साथ असंगत है]

[51] [AIR 2003 SC 250]

[52] अयोग्य [अनुचितता]

[53] (1909) 2 K.B. 127

[54] अप्रामाणिक/वाईट हेतूने [दुर्भावनापूर्ण]

[55] In D.C Wadhwa V/s. State of Bhihar (AIR 1963 SC 365).

Supreme Court, invalidated the practice of issuing ordinance on a large scale being arbitrary and colorable exercise of power by the executive.

[56] अधिकारांचे पूर्नरहस्तांतरण [उप-प्रतिनिधिमंडल]

[57] न्यायिक पुनर्विलोकनाचा अभाव [न्यायिक समीक्षा का बहिष्करण]

[58] In, State of Kerala V/S.Abdulla (AIR 1965 SC 1585).

Shaha J. observed that: – “Validity of a rule whether it is declared to have effect as if enacted in the Act or otherwise is always open to challenge on the ground that it is unauthorised.”

[59] पूर्वलक्षी/गतकाळचा प्रभाव [पूर्वव्यापी संचालन]

[60] In Howell V/S.Falmouth Boat construction Co. Ltd. (1951) AC 837,

Facts – A Licence was issued which was to operate retrospectively so as to cover the works already done under the oral sanction of the authority.

House of Lords Held – that the licence is invalid since it gives effect retrospectively.

[61] प्रक्रियात्मक अवैधता [प्रक्रियात्मक अवैधता]

[62] प्रकाषन

[63] AIR 1951 SC 467

[64] चर्चा [बहस]

[65] AIR 1961 SC 849

[66] कायदेमंडळाचे/संसदेचे नियंत्रण [विधायिका/संसद का नियंत्रण]

[67] सभागृहात दाखल करतेवेळी [हॉल में दाखिल करते समय]

[68] नियंत्रणाच्या पुढील तरतुदीषिवाय सभागृहात दाखल करणे [आगे नियंत्रण के प्रावधान के बिना सदन में प्रवेश]

[69] अंमलबजावणी पुढे ढकलून सभागृहापुढे ठेवणे [कार्यान्वयन को स्थगित करना और इसे सदन के समक्ष रखना]

[70] ‘नकारार्थी’ ठराव पद्धतीनुसार दाखल करणे [‘नकारात्मक’ संकल्प पद्धति के तहत फाइलिंग]

[71] मसुदयासहित दाखल करणे [ड्राफ्ट के साथ फाइलिंग]

[72] मसूदयात तसेच होकारार्थी ठरावाने दाखल करणे [मसौदे के साथ-साथ सकारात्मक प्रस्ताव दाखिल करना]

[73] त्वरीत अंमलबजावणी परंतु पुढे चालू राहण्यासाठी सकारात्मक ठरावासह सभागृहात ठेवणे [त्वरित क्रियान्वयन लेकिन इसे जारी रखने के सकारात्मक संकल्प के साथ सदन में रखना]

[74] छाननी समिती [जांच समिति]

[75] इतर नियंत्रण [अन्य नियंत्रण]

[76] पुर्नहस्तांतरण [पुनर्स्थानांतरण]

[77] ज्यास अधिकार हस्तांतरीत केलेेले असतात तो दुस-यास ते पुर्न हस्तांतरीत करु शकत नाही [एक व्यक्ति जिसे अधिकार हस्तांतरित किया गया है, वह इसे दूसरे को पुनः स्थानांतरित नहीं कर सकता है]

[78] (1948) 1 All E. R. 780

[79] AIR 1955 SC 188

[80] घटनात्मक वैधता [संवैधानिक वैधता]

[81] AIR 1951 SC 332

[82] AIR 1960 SC 554.

However, In Gwalior Rayon Silk Mfg. Co. V/s. Asstt Commerunder ( AIR 1974 SC 1660)

Facts:- Under Sec 8(2)(b) of the Central Sales Tax Act, 1956, Parliament did not fix the rate of Central Sales Tax but adopted the rate applicable to the sale or purchase of goods within the appropriate State in case such rate exceeds 10 per cent. The said section was challenged on the ground that Parliament in not fixing the rate itself and in adopting the rate applicable within the appropriate a State has not laid down any legislative policy and has abdicated its legislative function.

Supreme Court upheld by all the five judges, holding that sufficient guideline was provided in the Act, by Parliament.

[83] AIR 1989 SC 572