Understanding Administrative Law and Delegated Legislation
Classified in Law & Jurisprudence
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Separation of Powers
The functions of a state are generally classified into three categories:
- Legislative Function
- Executive Function
- Judicial Function
The legislative function of the state is carried out by the legislature. The legislature of the state enacts laws that are required for regulating the conduct of people living in society.
The executive branch of the government (known as administrative authorities or executive authorities) implements those laws enacted by the legislature.
The judicial function is exercised by the judiciary, and it settles disputes between individuals. The judiciary also decides disputes between individuals and the government.
Administrative Law
Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them, and the remedies that are available to aggrieved persons when those powers are abused by these authorities.
Rule of Law
"Rule of Law" is derived from the French phrase "la principe de legalite" (the principle of legality). This maxim means that a government should be based upon principles of law as distinct from the arbitrariness of men who usually administer laws. In other words, the government should be subject to law, and there should not be the law of the government.
Principles of Rule of Law
(a) Supremacy of Law
The principle of the rule of law is that in a country, the laws are supreme. All authorities should act as per the law, and they should not have arbitrary power or wide discretionary power.
(b) Equality Before the Law
The second principle of the rule of law is that there must be equality before the law. All persons should be subject to one and the same law. All persons should be subject to the jurisdiction of the ordinary courts. There should not be extraordinary tribunals or special courts for officers of the government and other authorities.
(c) Predominance of Legal Spirit (Impartial and Competent Courts)
The third principle of the rule of law is that there should be impartial and competent courts. The courts should be competent to protect and enforce the rights of citizens. The courts should have the authority to decide against the state and executive authorities.
Delegated Legislation
Law-making is primarily the function of the legislature. The executive branch of the government has to implement those laws that are enacted by the legislature. But in the modern welfare state, the legislature, after formulating general policy, empowers the executive to make rules to provide details for varied reasons. When the executive makes rules, regulations, or notifications in the exercise of powers conferred to them, it is known as "delegated legislation" or "subordinate legislation." The Act by which the powers are conferred to the executive is known as the Parent Act.
The simple meaning of the expression "delegated legislation" may be given as under:
When the function of legislation is entrusted to organs other than the legislature, it is called delegated legislation.
Reasons for Growth
- Saving Parliament's time
- Technicalities
- Flexibility
- Experiment
- Emergency and quick situations
Permissible Legislation
- Commencement of Act
- Power to fill in details
- Power of inclusion and exclusion
- Power to modify the statute
Relevant Cases: Edward Mills Co. vs. Ajmer, Sinai v. Union of India
Impermissible Delegation
- Power to repeal law
- Retrospective operation
- Power to impose tax
- Core legislative functions