The word legislation is combination of two different word legis which means law and latio means to make. It means making the law or law making process. The legislation is termed as Supreme law of land. Salmond classification the delegated legislation in two parts.
- Supreme legislation
- Subordinate legislation
Supreme legislation is passed by Supreme authority and subordinate legislation is passed by subordinate authority and which is under control of supreme authority In USA the delegated legislation is not in practice legislation is entrusted with some of its power to executive.
Salmond defines subordinate legislation is that which proceeds from any authority other than the power and is therefore dependent for its continued existence and validity on some superior or supreme authority
Reasons for growth of delegated legislation
India is a big nation and parliament is busy with number of function dealing with public affairs. So parliament cannot devote its full time for the better administration hence delegation of legislation has proved to be utmost necessary and significant. Thus the legislation formulates general policy and empowers the executive to fill in details.
Generally all the Member of Parliament are and honestly speaking some of them are even illiterate and below matriculation. These politicians are not acquainted with various technical knowledge like atomic energy, rocket, technology, drugs, educations etc. In order to have command over such subject vast knowledge and experience is required. Therefore legislative power maybe conferred on expert to deal with technical problems.
The legislative procedures and their amendments are very slow and time consuming. In many cases very quick decision are required for example: – regulation, terrorist activities, foreign exchange. Export and import policies, share market etc. Executives can meet such situation very effectively and quickly.
The supreme legislation is very rigid in nature. On the contrary delegated legislation is quite flexible in its nature. Certain circumstances require first experimental legislation there after getting success for the experimental legislation on can have standardized legislation. For example: – Traffic problems, exercise matters, share market etc.
It is one of merit of delegated legislation. As it does not require time, voting and lengthy procedure to pass it.
During the period of emergency or war the nation requires immediate steps to prevent the disturbance. Therefore under such circumstances the executive are empowered to need them.
Case laws
Minerva Talkies v. State of Karnataka
In this case the parent act i.e. Karnataka cinema act enables the executive to make rules to carryout purposes of this act in the same power state govt. ltd. Cinema shows to 24 per day and which is challenge on ground that it is ultra-virus. It was held by the court that rule was neither ultra-virus nor violative of article 19(1) g of the constitution and the restriction to limit the show up to 4 is in accordance with the rule 41(a) which is according to the purpose of the act.
- Air India v. Neergesh Meerza
In this case a regulation farmed by Air India stating that services of air hostesses could be terminated, if she gets pregnant. The court held that this arbitrary unreasonable and violative.
- Ajay Canu v. Union of India
In this case the rule was made which makes it compulsory to wear a helmet by persons driving two wheeler. The court held that such rule can’t be arbitrary, discriminatory or impose unreasonable restriction or the fundamental rights guaranteed under article 19 of the constitution.
