S.S.

Jain Subodh Law College

DELEGATED LEGISLATION
Project Submission as per fulfillment of Administrative Law

Submission To:

Submitted By:

MS. VINI KEWALIYA

FACULTY OF ADMINISTRATIVE LAW

ANUPAM BHARGAVA
Roll no: - 03
VII Semester
S.S. Jain Subodh Law College

TABLE OF CONTENTS
1. Certificate3
2. Acknowledgement4
3. Research Methodology5
4. Case List...6
5. Abstract ...............................7
6. Introduction and Meaning..8
7. Delegated Legislation and Executive Legislation........................10
8. Growth of delegated Legislation...11
9. History of Delegated Legislation in India.13
10. Causes of Growth of Delegated Legislation.15
11. Demerits of Growth of Delegate Legislation........................17
12. Constitutionality of Delegated Legislation...18
13. Conditional Legislation..20
14. Criticism of Conditional Legislation.21
15. Distinction Between Delegated Legislation and Conditional Legislation..22
16. Types of Delegated legislation23
17. Control of Delegated legislation.25
18. Criticism of Delegated legislation...27
19. Conclusion
20. Bibliography

CERTIFICATE
This is to certify that ANUPAM BHARGAVA of VII Sem of (B.A.LL.B) has prepared and
submitted the project report enclosed with under my direct and close supervision that this is a
bonafide piece of work done by him. It has not been submitted to any other university or it has it
been published at any time earlier.

MS.VINI KEWALIYA
Signature

ACKNOWLEDGEMENT
I take this opportunity to express our humble gratitude and personal regards to MS.VINI
KEWALIYA for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic.

JAIPUR

(Student sign)

10TH DECEMBER 15

ANUPAM BHARGAVA

RESEARCH METHODOLOGY
Aims and Objectives:
The aim of the project is to present a detailed study of the topic DELEGATED
LEGISLATION forming a concrete informative capsule of the same with an insight into its
relevance in Administrative Law.
Research Plan
The researchers have followed Doctrinal method.

Scope and Limitations:

In this project the researcher has tried to include different aspects pertaining to the
concept of Importance of Delegated Legislation special attention is also provided on
Administrative Law, basis of object of Delegated Legislation, impact of judicial pronouncements
on Delegated Legislation and lastly conclusion.
.
Sources of Data:
The following secondary sources of data have been used in the project

Case Study

Websites

Case Laws

Books
Method of Writing and Mode of Citation:
The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Uniform method of citation throughout the course of this
research project.

CASE LIST

Field v. Clarke143 US 656,692

Re Delhi Laws Act case AIR 1951 SC 332
Dawakhana v. Union of India AIR 1960 SC 554

ABSTRACT
It is well known that not all legislation is made by Parliament itself. Traditionally, legislation is
divided between primary legislation enacted by Parliament, and delegated legislation
promulgated by the executive. While primary legislation sets out matters of policy and substance,
the implementation and detail is delegated to the executive. It is the detail and implementation
of the primary legislation that impacts on daily lives. The cost of a drivers licence, the daily
limit for taking of shellfish, and what substances can safely be included in your breakfast cereal
are all the subject of delegated legislation rather than Acts of Parliament.

Delegated legislation (also referred to as secondary legislation or subordinate legislation) is law

made by an executive authority under powers given to them by primary legislation in order to
implement and administer the requirements of that primary legislation. It is law made by a
person or body other than the legislature but with the legislature's authority. Delegated legislation
means permitting bodies beneath parliament to pass their own legislation.
Delegated legislation is not to be confused with the executive legislation. The former stands for
the laws made by the authorities other than the legislature to whom the legislature delegates its
legislative power.The latter stands for the laws made by the President and the governer
respectively under article 123 and 213 of the constitution.These laws are in the form of
ordinances which have the force of law.such ordinances are issued by the respective executive
heads and they are required to be ratiffied by the respective legislature,namely,the parliament and
the state legislature ,as the case maybe,after they meet .such an ordinance ceases to have effect if
it is not rattified within six weeks after the assembly of legislature .the source of delgated
legislation is always an act of legislature whereas the source of the executive legislation is a
constitutional provision.