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    Delegated Legislation - Ok

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    The document discusses delegated legislation, which refers to laws made by the executive branch under powers delegated by the legislature. It notes that legislatures often enact broad principles and policies while delegating rule-making powers to administrative agencies. This delegation is necessary due to time pressures on legislatures and the technical nature of some policies. However, delegation must remain within permissible limits and not amount to abdication of essential legislative functions. The document also classifies delegated legislation based on its title or nature, such as rules, regulations, orders, etc. It distinguishes normal delegation from exceptional delegation through clauses like Henry VIII clauses.

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    Delegated Legislation - Ok

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    sae
    31 views28 pages
    The document discusses delegated legislation, which refers to laws made by the executive branch under powers delegated by the legislature. It notes that legislatures often enact broad principles and policies while delegating rule-making powers to administrative agencies. This delegation is necessary due to time pressures on legislatures and the technical nature of some policies. However, delegation must remain within permissible limits and not amount to abdication of essential legislative functions. The document also classifies delegated legislation based on its title or nature, such as rules, regulations, orders, etc. It distinguishes normal delegation from exceptional delegation through clauses like Henry VIII clauses.

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    The document discusses delegated legislation, which refers to laws made by the executive branch under powers delegated by the legislature. It notes that legislatures often enact broad principles and policies while delegating rule-making powers to administrative agencies. This delegation is necessary due to time pressures on legislatures and the technical nature of some policies. However, delegation must remain within permissible limits and not amount to abdication of essential legislative functions. The document also classifies delegated legislation based on its title or nature, such as rules, regulations, orders, etc. It distinguishes normal delegation from exceptional delegation through clauses like Henry VIII clauses.

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    © All Rights Reserved
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    31 views28 pages

    Delegated Legislation - Ok

    Uploaded by

    sae
    The document discusses delegated legislation, which refers to laws made by the executive branch under powers delegated by the legislature. It notes that legislatures often enact broad principles and policies while delegating rule-making powers to administrative agencies. This delegation is necessary due to time pressures on legislatures and the technical nature of some policies. However, delegation must remain within permissible limits and not amount to abdication of essential legislative functions. The document also classifies delegated legislation based on its title or nature, such as rules, regulations, orders, etc. It distinguishes normal delegation from exceptional delegation through clauses like Henry VIII clauses.

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    of 28

    Delegated Legislation

    પ્રતિતિતિત્વથી તવદાિ
    • Definitions of administrative law –વ્યાખ્યાઓ
    • nature and scope of administrative law- વહીવટી
    કાયદાન ું સ્વરૂપ અિે કાયયક્ષેત્ર
    • Reasons for growth of Administrative Law -
    વહીવટી કાયદાિા તવકાસિાું કારણો
    • Constitutional Law and Administrative Law-
    બુંિારણ અિે વહીવટી કાયદો
    • Dual Judicature in France
    • Rule of law –કાયદાન ું શાસિ
    • Separation of powers-સત્તાિા તવભાજિિો
    તસદ્ાુંિ
    • classification of administrative acts-વહીવટી
    કૃત્યોન ું વર્ગીકરણ
    • the legislature enacts the law covering only
    general principles and policies relating to the
    subject matter in question and confers the
    rule making power on government or some
    other administrative agency
    • તવદાિસભા માત્ર િીતિ જ િક્કી કરે છે . િેિી
    તવર્ગિો િક્કી કરવાન ું કામ સામાન્યિ:
    કારોબારી પર છોડી દેવામાું આવે છે .
    “the delegated legislation is so multitudinous
    that any statute book will not only be
    incomplete but even misleading unless it be
    read along with the delegated legislation
    which amplifies and amends it.”
    • - Sir Cecil Carr -
    Definition

    “ delegated Legislation is an expression which


    covers multitude of confusion – it is an excuse
    for the legislators- a shield to administrators
    and – a provocaton to constitutional jurist”
    Halsbury Law of England
    • “ when an instrument of a legislative nature
    is made by an authority in exercise of powers
    delegated or conferred by the Legislature it is
    called subordinate legislation
    Committee of Ministers
    • the expression of delegated legislation is
    used in two senses .
    • in one sense delegated legislation means
    exercise of rule making delegated to the
    Executive by the legislature
    • in other sense it means the output of
    exercise of that power
    generally delegated legislation means the law
    made by the executive under the powers
    delegated to it by the legislature
    • ”when the function of the legislature is
    entrusted to organs other than the legislature
    itself , the legislation made by such organs is
    called delegated legislation”
    delegated Legislation as distinguished
    from administrative power
    • distinction between administrative and
    legislative functions

    Factors Legislative Administrative

    Publication published in certain publication is not


    manner necessary of order is of
    administrative nature
    Factors Legislative Administrative

    need of compliance with compliance of principle of the authority was


    Principles of natural justice natural justice are not required to act judicially ,
    required the principles of natural
    justice are required to be
    observed
    Factors Legislative Administrative

    Grounds of judicial review no such challenge in case An administrative action


    of delegated legislation can be challenged on
    ground of malafides
    Factors Legislative Administrative

    Duty to give reasons not applicable if an order is an


    administrative order duty to
    give reasons appllies to it
    Factors Legislative Administrative

    Sub delegation Only in most exceptional but administrative powers


    circumstances can can be sub delegated
    legislative powers to be
    sub delegated

    A power to make rules of general applicability is leegislative where as a power to


    make orders in specific case is administrative
    distinction between legislative and administrativ e acts is that between general and
    particular
    • power to fix price is administrative rather
    than legislative in nature (Dwaraka prasad v.
    state of UP(1954)
    • but in union of india v. Cynamide India Ltd
    (1967) price fixation was held to be legislative
    action
    • some example for legislative act :
    • 1. power to fix tax rates
    • 2. extension of limits of town area committee
    factors leading to growth of
    Delegated Legislation
    • pressure upon parliamentary time
    • technicality
    • Flexibility
    • Experimentation
    • Emergency
    • Confidential matters
    • Complexity of modern administration
    Classification of delegated legislation
    • (1) title based classification
    • (2) nature based classification
    Title based classification of Delegated
    legislation (forms of delegation )
    પ્રતિતિતિત્વથી તવિાિિી રીિ
    • Rules - તિયમો
    • Regulations-તિયમિો
    • Orders-હકમો
    • Bye-laws-પેટ-કાયદો
    • ૂ
    Directions-સચિો
    • Schemes-યોજિાઓ
    Nature based classification
    • (1) normal delegation –
    • - positive delegation
    • - negative delegation
    • (2) exceptional delegation (Henry VIII clause)
    1 normal delgation
    • there are two types of normal delegation
    • 1. positive delgation - where limits are
    clearly defined in the parent Act
    • 2.negative delegation – where delegted
    power does not include power to do certain
    things
    • eg: power to legislate on matters of policy
    • power to impose tax
    2. Exceptional delgation (Henry VIII
    Clause
    • instances of exceptional delegation may be
    as follows :
    • A. power to legislate on matters of principle
    • B. power to Amend Acts of Parliament
    • C. power giving such a wide discretion that it
    is almost impossible to know the limits
    • D. Power to make rules which can not be
    challenged in court of law
    Types of delegation
    • 1. permissible delegation
    • 2. impermissible delegation
    Permissible delegation

    • there are two modes of permissible delegation


    • in US
    • 1. contingent legislation
    • 2. subordinate legislation
    • in India
    • 1. conditional legislation
    • 2. sub ordinate legislation
    • Contingent legislation (શરતી વિધાન )– a
    staute that provides control but specifies that
    they are to come into effect only when a
    given administrative authority finds the
    existence of conditions defined in the
    staatute
    • Subordinate legislation ( અધીનસ્થ વિધાન ) -
    consists of a discretionary elaboration of rules
    and regulations
    Impermissible delegation
    • essential legislative powers can not be
    delegated by the legislature to the executive
    • the legislative policy must be laid down by
    the legislature itself and by entrusting this
    power to executive the legislature can not
    create a parallel legislature
    • delegation of legislative power can not
    amount to abdiction of essential legislative
    functions
    Delegated legislation in UK
    delegated legislation in US
    delegated legislation in india
    • 1. pre constitutional period
    • 2. post constitutional period

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