Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Delegated Legislation

Monday, March 12, 2007
Delegated Legislation

Delegated Legislation — Distinction between conditional legislation and delegated legislation — The distinction between conditional legislation and delegated legislation is clear and unambiguous — In a conditional legislation the delegatee has to apply the law to an area or to determine the time and manner of carrying it into effect or at such time, as it decides or to understand the rule of legislation, it would be a conditional legislation — The legislature in such a case makes the law, which is complete in all respects but the same is not brought into operation immediately — The enforcement of the law would depend upon the fulfillment of a condition and what is delegated to the executive is the authority to determine by exercising its own judgment as to whether such conditions have been fulfilled and/or the time has come when such legislation should be brought in force — The taking effect of a legislation, therefore, is made dependent upon the determination of such fact or condition by the executive organ of the Government — Delegated legislation, however, involves delegation of rule making power of legislation and authorises an executive authority to bring in force such an area by reason thereof — The discretion conferred on the executive by way of delegated legislation is much wider — Such power to make rules or regulations, however, must be exercised within the four corners of the Act — Delegated legislation, thus, is a device which has been fashioned by the legislature to be exercised in the manner laid down in the legislation itself. 

 
Delegated Legislation

Delegated Legislation — Judicial review of delegated legislation, held, is permissible.

 
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