Delegated legislation is generally a type of law made by the executive authority as per the powers conferred to them by the primary authority in order to execute, implement and administer the requirements of the primary authority. It can be said that it is the law made by any person or authority under the power of parliament. It is also known as subordinate legislation in administrative law. It allows the bodies beneath the primary authority or legislature to make laws according to the requirement. Through an act of Parliament, Parliament has full authority to permit any person or authority to make legislation. An act of parliament creates a framework of a particular law which tends to be an outline of the purpose for which it is created. The important object of this is that any legislation by such delegation should be according to the purposes as laid down in the act.

The main feature is that it allows the state government to amend the laws if there is any need without delaying for the new act to be passed by the Parliament. If there is any requirement then sanctions can also be altered by the delegated legislation as the technology changes. It is believed that when such authority is delegated by the Parliament to any person or authority it enables such person or the authority to provide more detail to the act of the Parliament.

For example, the local authority has power conferred by the superior one to make or amend laws according to the requirement of their respective areas. The delegated legislation plays a very important role as the number of them are more than the acts of the Parliament. It has the same legal standing as the act of Parliament from which it is created.

There are three forms of delegated legislation i.e., statutory instrument, orders in council and by-laws.

Statutory instruments

They are the one which is formed by the government. For example – a parent act is an act which permits the parliament for making the law. Orders in the council are generally made by the government when there is a need and it can affect the public at large as well as an individual.

By-Laws

They are created by the local authority which is approved by the Central Government. There are many reasons for the delegation of the legislature. The parliament does not have that much time to deliberate and debate about every topic. Therefore, delegated legislation helps in making laws rapidly than the Parliament and the procedure of the Parliament is also very slow as the bills for every law needs to pass from every stage. Further, it is also believed that the Member of Parliament does not possess the technical ability which is required to make law.

For example – making any law regarding taxation requires knowledge as well as experience which can be done by the person who is professional in that field. In the case of welfare purpose, the local authority can understand the needs of the people in his area more effectively than others.  The democratic bodies have many important powers for the delegated legislation which can be easily used for updating the legislation according to the requirement which leads to social welfare.

But there should be control over delegated legislation. Delegated legislation is controlled by the Parliament and the Judiciary. Parliament has the overall control over the delegated legislation as it takes account with the statutory committees which make law through bills. The main object of parliamentary control is to look that there is no abuse or unnecessary use of the powers given to rulemaking authorities.

Aishwarya Says:

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