equalor greater importance than the judicial system developed through the commonlaw. The causes of this new and divergent arm of the law originated in thefundamental changes which occurred throughout the past century in the socialand industrial life of this country, changes momentous enough to effect, insome spheres of social and industrial activity, entirely original andunprecedented methods of dealing with the problems presented therein. Thesecauses must be considered in any intelligent study of the problem ofadministrative law.
The interventionist role of the welfare state practicallynecessitated the increment of the nature and extent of power of governments. Simultaneous,with such necessity come the need for controlling the manner of exercise ofpower so as to ensure protection of individual rights, and generally legalityand fairness in the administration. With such background, administrative law,as a legal instrument of controlling power, began to grow and develop too fast.Typically, with the proliferation of the administrative agencies,administrative law has shown significant changes in its nature, purpose andscope.
The causes of thisnew and divergent arm of the law originated in the fundamental changes whichoccurred throughout the past century in the social and industrial life of thiscountry, changes momentous enough to effect, in some spheres of social and industrialactivity, entirely original and unprecedented methods of dealing with theproblems presented therein. These causes must 00be considered in anyintelligent study of the problem of administrative law. THE REASONS FOR THEGROWTH OF ADMINISTRATIVE LAWAdministrative law seems to have developedfrom a combination of forces, some pressing on the legal system from without,others from within.
From without came the most powerful forces, economic andsocial; from within came revolt against the impractical technicalities andrigidity of a structure adapted by and for older generations, conditions, andinstitutions, and which were welded too strongly on the present. Its growth andrising Importance can be studied under the following heads.· Administrative Law is Supplement toConstitutional Law:The sources of bothconstitutional and administrative law are the same and both are concerned withthe functions of government and both are part of what is sometimes known aspublic law. In India, administrative law has its special significance becauseof the proclaimed objective of the Indian constitution, to build-up a welfaresociety. Administrative law is a species of constitutional law therefore it issubordinate to constitutional law1.
The only difference betweenthe two is that administrative law isconcerned with the intricacies of running a government while constitutional lawis all about the issues of the legality of the provisions of the constitution.Likewise, the first is more specific while the latter is the general law.· Technologicaldevelopments and the increasing specialization has required for the increasedneed of particular treatment of undertakings by government authorities.
· Participationof people in the administrative functioning to provide the necessary authorityto the administrative officials so that they can address the challenges arisingdue to extraordinarycircumstances or crisis circumstances.· Theadaptability in the authoritative system so that the challenges emergingbecause of social and economic factors could be tended to all the moreadequately and efficiently.· Technologicaldevelopments and the increasing specialization has required for the increasedneed of particular treatment of undertakings by government authorities. SCOPE OF ADMINISTRATIVE LAWNow one most importantquestion arises is, what was the need for this branch of law? So the scopes are asfollows:· Themethods and procedures of these administrative organs are also studied by this newbranch of law.· Itcovers the nature of structure, powers and functions of all theseadministrative organs.· Italso makes available all the relevant remedies to the persons whose rights areinfringed by the operations of these organs during the course ofadministration.· Whyand how administrative organs are to be controlled is also viewed byadministrative law.Just to summarize theabove we can basically say that, administrative law specifies the rightsand liabilities of private individuals in their dealings with public officialsand also specifies the procedures by which those rights and liabilities can beenforced by those private individuals.
It provides accountability andresponsibility in the administrative functioning. Also there are specified lawsand rules and regulations that guide and direct the internal administrationrelations like hierarchy, division of labor, etc. LEGISLATIVE FUNCTIONSOF ADMINISTRATION MEANINGOF ADMINISTRATIONComingback to our actual topic that is the legislative functions of theadministration, so before starting straight with the functions let us see whatdoes this word legislative means? So it belong to the branch of government thatis charged with such powers as making laws, levying and collecting taxes, andmaking financial appropriations. Basically the Legislative Department is mainly concerned with draftingof all principal legislation for the Central Government viz, Bills to be introducedin Parliament, Ordinances to be promulgated by the President, measures to beenacted as President`s Acts for States under the President`s rule andRegulations to be made by the President for Union territories. It is alsoconcerned with election Laws namely the Representation of the People Act 1950and the Representation of the People Act 1951. In addition it is also entrustedwith task of dealing with certain matters relating to List III of the SeventhSchedule to the Constitution like personal law, contracts evidence etc.
Theresponsibility of maintaining up to date the statutes enacted by Parliament isalso with this department. In our country the centrallegislature is called the Parliament, which has two houses:· RajyaSabha popularly known as The Council of State· LokSabha popularly kwon as The House of PeopleBasically legislativebranch is one of three divisions of government that works inconjunction with the executive and judicial branches. Its main responsibilityis the creation of laws. LEGISLATIVE FUNCTIONSNow talking about thefunctions that need to be perform by administration or we can say the delegatedlegislation. John Salmond has defined itas, “that which proceeds from any authority other than the sovereign power andis therefore dependent for its continued existence and the validity on somesuperior or supreme authority”.
Simply delegated legislation(sometimes referred as secondary legislation or subordinate legislation orsubsidiary legislation) is a process by which the executive authority is givenpowers by primary legislation to make laws in order to implement and administerthe requirements of that primary legislation. Such law is the law made by aperson or body other than the legislature but with the legislature’s authority. Power is transferred from the principal lawmaker to thelower body, which may be the executive, cabinet, council of minister, or aspecific administrative agency, by the mechanism of delegation2. Generally speckingthe delegation refers to the act of entrusting another authority or empoweringanother to act as an agent or representative. By the same token, delegation oflegislative powers means the transfer of law-making authority by thelegislature to the executive, or to an administrative agency. In line with thepower granted to them by the legislature administrative, agencies can issuerules, regulations and directives, which have a legally binding effect.
One of the most important things that need tobe noted is that the regulations and the statutory rules are the most commonforms of delegated legislation. They are made by the executive or a ministerand apply to the general population. By-laws, and sometimes Ordinances, aremade by a local government authority and apply to the people who live in thatarea. Rules commonly describe procedure to be followed in courts.
NEED FOR DELIGATED LEGISLATION Nowhere a question arises, what is the need to delegated legislation?The process of delegated legislation enables the Government tomake a law without having to wait for a new Act of Parliament to be passed.Further the delegated legislation empowers the authority to modify or to altersanctions under a given statute or to make technical changes relating to the law.The delegated legislation always plays a very important role in the process ofmaking of law as there is more delegated legislation each year than there areActs of Parliament. In addition, delegated legislation has the same legalstanding as the Act of Parliament from which it was created. Taking into account the above general justification, thefollowing factors may be mentioned as reasons for the need for delegatedlegislation.· Limitation onParliamentary Time· TechnicalitySubject of Matter· Forflexibility· On the time ofemergency IT’S IMPORTANCEFollowing are the reasons why delegatedlegislation is important · Delegated Legislation reduces the burden ofalready overburdened Legislature by enabling the executive to make or alter thelaw under the authority of Legislature.
Thus, this helps the Legislature toconcentrate on more important matters and frame policies regarding it.· It allows the law to be made by those whohave the required knowledge and experience. For instance, a local authority canbe permitted to enact laws with respect to their locality taking into accountthe local needs instead of making law across the board which may not suit theirparticular area.
· The process of delegated legislation alsoplays a significant role in an emergency situation since there is no need towait for particular Act to be passed through Parliament to resolve theparticular situation.· Finally, delegated legislation often coversthose situations which have not been anticipated by the Parliament during thetime of enacting legislation, which makes it flexible and very useful tolaw-making. Delegated legislation is, therefore, able to meet the changingneeds of society and also situations which Parliament had not anticipated whenthey enacted the Act of Parliament. POSITION UNDER INDIANCONSTITUTIONTheConstitution of India gives powers to the Legislature to delegate its functionsto other authorities, to frame the policies to carry out the laws made by it.In the case of D. S. Gerewal v. State of Punjab3.
In this case the Supreme Court held that Article 312 of the Constitutionof India deals with the powers of delegated legislation. Justice K.N. Wanchooobserved that “There is nothing in the words of Article 312 which takes awaythe usual power of delegation, which ordinarily resides in the legislature.4 Also in Agricultural Marketing Committee V.
ShalimarChemical Work Ltd.5 Supreme Court heldthat delegated legislation is the legislation which proceeds from any authorityother than the sovereign power and depends source superior authority for itscontinued existence and validity. TYPES OF DELEGATEDLEGISLATION Delegated Legislation is a term whichcovers the vast amount of legislation made by government agencies and theGovernor-General under authority of Acts of Parliaments, which delegate thispower to agencies. This type of legislation is also known as SubordinateLegislation or, since 2005, Legislative Instruments. Within the broad area ofDelegated Legislation the following more specific terms are sometimes used:· RegulationThe most common formof delegated legislation. Used for legislation of general application emanatingfrom a government department. Published in the StatutoryRules series until 2004 and in the Select Legislative Instrument series from 2005· RuleLegislationspecifying procedural formalities, eg court procedures such as the High CourtRules. Published in the Statutory Rules seriesuntil 2004· OrdinancePrimary legislationof non self governing territories, made by a federal government department toapply to a particular territory.
Also used for the legislation of some Statelocal government bodies.· By-lawMade by a statutorycorporation having effect only within the area of responsibility of theauthority. Also used for the legislation of some State local government bodiesThere is also a range of other delegated legislation which includes:Decisions, Declarations, Determinations, Directions, Orders, etc. CRITICIMOF DELEGATED LEGISLATIONDelegated legislation apart from having manyadvantages is criticized on many grounds which are as follows:· It is argued that delegated legislationenables authorities other than Legislation to make and amend laws thusresulting in overlapping of functions.· It against the spirit of democracy as toomuch-delegated legislation is made by unelected people.
· Delegated legislation subject to lessParliamentary scrutiny than primary legislation. Parliament, therefore, has alack of control over delegated legislation, and this can lead to inconsistenciesin laws. Delegated legislation, therefore, has the potential to be used in wayswhich Parliament had not anticipated when it conferred the power through theAct of Parliament.· Delegated legislation generally suffers froma lack of publicity. Since the law made by a statutory authority not notifiedto the public. On the other hand, the laws of the Parliament are widely publicized.The reason behind the lack of publicity is the large extent of legislation thatis being delegated.
There has also been concern expressed that too much law ismade through delegated legislation.CONCLUSIONSoin the end the only thing that can be concluded is that the study of thisbranch of law which has the great importance in every country of this world,and as regard to India it has a very great significance because it proclaimedthe objectives of our Indian polity to build up as a socialistic patternsociety and objective of establishing this type of society has generatedadministrative process and hence administrative law at a very large scale. Oneimportant thing that need to be noted that administration in India is bound toexpand further and at a quick speed, and with this comes a negative thing thata strong drive for a rapid expansion has its own danger as developing countrylike India where we know that the roots of democracy are not deep and a strongmechanism may have a tendency to rids rough-shod over the rights ofpeople, but if these rights exercisedproperly and in the right manner then these power of administration can lead tothe welfare of the state but on the other hand if abused the can lead toadministrative disaster.
The study and development of administrative operationof the government interested in social welfare. And when we talk about this legislative delegation it is important in the wake of the rise in the number oflegislations and technicalities involved. But at the same time with the rise indelegated legislation, the need to control it also arises because with theincrease in the delegation of power also increases the chance of the abuse ofpower. The judicial control apart from the legislative and procedural controlis the way how the delegation of power can be controlled. Thus, the delegatedlegislation can be questioned on the grounds of substantive ultra vires and onthe ground of the constitutionality of the parent act and the delegatedlegislation. The latter can also be challenged on the ground of its beingunreasonable and arbitrary. 1Dr.U.P.D.Kesari, AdministrativeLaw p.7 2http://www.abyssinialaw.com31959 AIR 5124https://blog.ipleaders.in/analysis-concept-delegated-legislation/5 AIR 1997 SC 2502