Administrative law is the division of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.
Delegated Legislation has important role in Administrative law.
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.
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.
Features of delegated legislation which may increase the grwoth of Delegated legislation:
Technicality
Flexibility
Pressure on parliament
Emergency
Three kinds of Parliamentary control
Parliamentary or Legislative Control :Under parliamentary democracy it is a function of the legislature to legislate, and it’s not only the right but the duty of the legislature to look upon its agent, how they are working.
Judicial Control: There is no particular procedure for it until the legislature makes it mandatory for the executive to follow certain rules or procedure.
Executive or Administrative Control: Judicial review upgraded the rule of law. The court has to see that the power delegated is within the ambit of the constitution as prescribed. Judicial review is more effective because court do not recommend but it clearly strikes down the rule which is ultra vires in nature.
Delegated or subordinate legislation means rules of law made under the skilled person of the Act of Parliament. In spite of the fact that lawmaking is within the capacity of the lawmaking body, it might, by a resolution, delegate its capacity to different bodies or people. The resolution which delegates such power is known as the Enabling Act. By Enabling Act the council sets out the wide rules and nitty-gritty principles are instituted by the delegated authority.
So,it is very important part of Administrative law .
