Classification of Delegated Legislation

Through classification of delegated legislation, the legal community gains insight into the nature and scope of delegated powers, contributing to a comprehensive comprehension of the legal landscape.

Delegated legislation, a vital component of legal systems, involves the granting of legislative authority by a primary law to external bodies. This delegation empowers entities beyond the traditional legislature to formulate specific rules and regulations.

What is the Classification of Delegated Legislation?

The classification of delegated legislation refers to categorising or grouping different types of rules, regulations or laws that are made by authorities other than the legislature, as authorized by a primary or parent law. Delegated legislation is a process where the legislature grants authority to another body or individual to create specific rules and regulations.

Common Classification of Delegated Legislation

The classification of delegated legislation serves as a crucial framework for understanding its diverse forms. These classifications of delegated legislation include title-based, discretion-based, purpose-based and authority-based categories.

Title-based Classification:

Classification based on the title or name of the legislation.

Discretion-based Classification:

Classification based on the discretion given to the executive to bring the law into operation upon the fulfilment of certain conditions.

Purpose-based Classification:

Classification based on the nature and extent of power conferred and the purpose for which such power can be exercised. This may include powers related to bringing an act into force, including or excluding elements, filling in details and modifying laws.

Authority-based Classification:

Classification based on the authority to which the power is delegated. This may involve delegation from a central act to the central government, state government or statutory body.

Title-based Classification of Delegated Legislation

In this type of classification, an act can empower an authority to make laws, orders or bye-laws without strict limitations on the variety of legislative provisions. The authority can delegate power in various ways, including:

• From a central act to the central government.
• From a central act to a state government.
• From a central act to a statutory body.
• From a state act to the state government.
• From a state act to statutory bodies.

Discretion-based Classification of Delegated Legislation

Conditional legislation involves granting the executive discretion to bring an act into operation upon the fulfilment of specific conditions. This type of legislation provides control without delegating law-making power. In conditional legislation, the legislature creates a complete law and the executive’s sole duty is to apply the legislation after fulfilling the prescribed conditions.

For instance, in the case of M.P High Court Bar Association vs. Union of India (2004), the court upheld the validity of the provision empowering the state government to abolish the state administrative tribunal.

Purpose-Based Classification of Delegated Legislation

Parent acts may empower the executive to further delegate power to subordinate authorities, known as ‘sub-delegation.’ Sub-delegation occurs when the parent statute confers legislative power to the executive, which then delegates it to a subordinated authority. The parent act can allow sub-delegation to a maximum of four or five degrees. However, the Latin maxim “Delegatus non potest delegare” generally applies, meaning “no delegated powers can be further delegated.” Exceptions to this rule include express and implied powers of sub-delegation.

In the case of Central Talkies Limited vs. Dwarka Prasad (1961), where the U.P Control of Rent and Eviction Act allowed the District Magistrate to authorize eviction suits, the court held that since the power to further delegate was granted by the statute itself, it did not constitute excessive delegation.

Authority-Based Classification of Delegated Legislation

This classification of delegated legislation is based on the nature and extent of power conferred and the purpose for which such power can be exercised. Various powers are delegated, including:

Power to Bring an Act into Force

Example: In the case of A.K. Roy v. Union of India (1982), the Supreme Court affirmed that the government has the authority to enact an Act, emphasizing that this power should not be excessively exercised.

Example: The Legal Services Authority Act, Section 1(3) specifies that it will come into force on a date prescribed by the central government.

Power to Include and Exclude

This involves the addition or removal of any person, commodity, item, etc., to the act.

Example: The Minimum Wage Act empowers the state government to add or remove any employment for which the minimum wage should be fixed.

Power to Fill in Details

Legislation often provides a ‘skeleton framework,’ with details left to be filled by the subordinate authority.

Example: Under the Essential Commodities Act, substantive law-making power is given to the central/state government, allowing them to fill in the gaps through delegated legislation.

Power to Modify

The executive may be given the power to modify or change the law without altering its fundamental nature.

In the case of Rajnarain Singh vs. The Chairman, Patna Administration (1954), the court held that subordinate authorities can make incidental changes to the law, provided the modifications are not substantial.

Transfer of Legislative Authority

In Re The Delhi Laws Act, 1951, established the principle that while the authority to amend existing laws can be delegated to a subordinate authority, the power to amend the fundamental structure of a law cannot be transferred.

This ensures that the essential components of the law are safeguarded while allowing necessary amendments by executive or subordinate authorities.

Conclusion

These classifications of delegated legislation help in understanding the different aspects and characteristics of delegated legislation, providing a framework to analyze and interpret the diverse forms it can take.

Each type of classification of delegated legislation serves to organize and clarify the various facets of delegated legislation for legal practitioners, scholars and individuals affected by such laws.