(Unit-III: Administrative Law) Long Questions P-1

Unit-III: Administrative Law

1. Define and classify administrative functions. Distinguish between legislative, quasi-judicial, administrative, and ministerial functions with suitable examples and judicial pronouncements.

Introduction

Administrative law is concerned with the functioning of administrative authorities and the exercise of powers conferred upon them. With the growth of the welfare state, administrative authorities today perform multifarious functions that cut across traditional classifications. They not only administer laws but also exercise legislative and adjudicatory powers.

This fusion of functions raises questions about their scope, limitations, and the safeguards against arbitrariness. To understand this, it is necessary to classify administrative functions into legislative, quasi-judicial, administrative, and ministerial categories. Such classification helps in determining the nature of powers exercised, the procedural requirements to be followed, and the extent of judicial review applicable.

Definition of Administrative Functions

In general, administrative functions are those activities of public authorities that involve the execution of policies, implementation of laws, and regulation of citizens’ rights and duties in a manner consistent with law. They are broader than judicial and legislative functions and include day-to-day decision-making, regulation, licensing, and supervision of public administration.

Prof. Wade defines administrative functions as those that do not conform exclusively to legislative or judicial categories but involve a wide range of executive tasks.

Thus, administrative functions can be seen as the residual functions of the state — neither strictly legislative nor judicial, but necessary for governance.

Classification of Administrative Functions

The classification of administrative functions is not rigid, but for analytical clarity, they are usually divided into four categories:

Legislative (rule-making) functions
Quasi-judicial (adjudicatory) functions
Administrative (purely executive) functions
Ministerial functions

Each of these categories has distinct characteristics, though in practice, the boundaries often overlap.

1. Legislative Functions

Meaning

Legislative functions refer to the power of administrative authorities to make rules, regulations, or by-laws having the force of law. This is also called delegated or subordinate legislation. It supplements parliamentary legislation and fills in details left out by the legislature.

Characteristics

General in nature; applies to classes of persons or cases.
Prospective in operation.
Involves formulation of policies and standards.
Normally does not require adherence to judicial procedure.

Examples

Making regulations under the Industrial Disputes Act.
Framing traffic rules by state governments.
Rules framed by universities regarding examinations.

Judicial Pronouncements

In re Delhi Laws Act, 1951 (AIR 1951 SC 332): The Supreme Court upheld delegated legislation but held that essential legislative functions (e.g., determining legislative policy) cannot be delegated.
Bimal Chandra Banerjee v. State of Madhya Pradesh (AIR 1971 SC 517): Delegated legislation cannot override the parent Act.
Agricultural Market Committee v. Shalimar Chemical Works Ltd. (1997): Rules must conform to the scope and purpose of the enabling Act.

2. Quasi-Judicial Functions

Meaning

Quasi-judicial functions are those where administrative authorities are required to act judicially, though they are not courts. When rights and liabilities of individuals are determined by administrative bodies after following the principles of natural justice, such functions are termed quasi-judicial.

Characteristics

Decision affects rights of individuals.
Authority is required to act judicially (fair hearing, unbiased decision-making).
Involves application of law to particular facts.
Presence of dispute between parties.

Examples

Industrial Tribunal adjudicating labour disputes.
Tax authorities deciding liability of an assessee.
Election Commission deciding questions of disqualification of candidates.

Judicial Pronouncements

Province of Bombay v. Khushaldas S. Advani (AIR 1950 SC 222): Quasi-judicial functions involve the duty to act judicially when deciding questions affecting rights of individuals.
Ridge v. Baldwin (1964 AC 40, UK): Natural justice applies even to administrative decisions with civil consequences.
A.K. Kraipak v. Union of India (AIR 1970 SC 150): Blurred distinction between administrative and quasi-judicial functions; principles of natural justice apply to both.
Maneka Gandhi v. Union of India (AIR 1978 SC 597): Even administrative action restricting personal liberty must comply with natural justice.

3. Administrative (Executive) Functions

Meaning

Administrative functions are those that involve the implementation of policies and execution of laws. They are neither legislative (general rule-making) nor judicial (adjudication of disputes), but relate to carrying out government programs and managing public affairs.

Characteristics

Concerned with day-to-day functioning of government.
Decisions are specific, not general.
Does not necessarily require a hearing.
Guided by policy, discretion, and expediency.

Examples

Granting or revoking a license.
Transferring or promoting a government employee.
Implementing welfare schemes.
Collection of taxes by authorities.

Judicial Pronouncements

A.K. Kraipak v. Union of India (1970): Administrative orders with civil consequences must follow fairness.
Union of India v. Hindustan Development Corporation (1993): Doctrine of legitimate expectation applies to administrative decisions.
State of Punjab v. Gurdial Singh (1980): Administrative discretion must not be arbitrary.

4. Ministerial Functions

Meaning

Ministerial functions are those that require the authority to perform duties in a prescribed manner without any scope for discretion. They are routine and mechanical in nature.

Characteristics

No application of judgment or discretion.
Authority simply carries out directions or legal commands.
Non-performance can be enforced by writ of mandamus.

Examples

Registering a document when legal formalities are fulfilled.
Issuing a passport after verification.
Entering names in electoral rolls when statutory conditions are satisfied.

Judicial Pronouncements

State of Bombay v. Laxmidas (AIR 1952 SC 375): Ministerial act is one where the authority has no discretion and must perform the act.
Narayan v. State of Maharashtra (AIR 1977 SC 183): If discretion is involved, the function ceases to be ministerial.

Distinction Between Legislative, Quasi-Judicial, Administrative, and Ministerial Functions

Basis	Legislative	Quasi-Judicial	Administrative	Ministerial
Nature	General rule-making	Adjudication of disputes	Execution of policy	Mechanical execution
Scope	Prospective, general	Retrospective, individual	Specific cases, discretion	Specific cases, no discretion
Procedure	No hearing required	Hearing and natural justice	Generally no hearing (unless rights affected)	No hearing, purely routine
Effect	Creates new law	Determines rights/liabilities	Implements law	Completes legal formalities
Judicial Review	Limited to ultra vires, reasonableness	Wide, based on natural justice	Limited to arbitrariness, mala fide	Writ of mandamus for enforcement
Examples	Making rules, by-laws	Tribunal decisions, tax assessments	Licensing, transfers	Registration of deeds

Blurring of Distinctions

In practice, the rigid classification is difficult to maintain. The Supreme Court in A.K. Kraipak (1970) noted that the distinction between administrative and quasi-judicial functions has become increasingly thin. Modern administrative authorities often perform “polycentric functions”, combining legislative, administrative, and judicial elements.

For example:

A regulatory authority (like SEBI) may frame rules (legislative), grant licenses (administrative), and adjudicate disputes (quasi-judicial).

Thus, what is important is not the formal label but whether the authority is acting fairly and within the bounds of law.

Judicial Control Over Administrative Functions

Since administrative functions affect rights of individuals, they are subject to judicial review. Courts ensure that:

Legislative functions do not exceed delegated power (ultra vires doctrine).
Quasi-judicial functions comply with principles of natural justice.
Administrative functions are not arbitrary, mala fide, or unreasonable.
Ministerial functions are performed as mandated by law.

Judicial review thus acts as a safeguard against abuse of power.

Conclusion

The classification of administrative functions into legislative, quasi-judicial, administrative, and ministerial functions provides a useful framework for understanding the scope and limitations of state power. Legislative functions involve general rule-making, quasi-judicial functions involve adjudication of disputes with fairness, administrative functions involve execution of policies with discretion, and ministerial functions involve routine tasks without discretion.

While the distinctions are conceptually clear, in practice administrative agencies often perform overlapping functions. What is crucial is that in all cases, the exercise of power must be reasonable, non-arbitrary, and subject to judicial review, ensuring accountability in administrative governance.

This approach balances the needs of efficient administration with the constitutional guarantee of justice and fairness to citizens.

2. What is delegated legislation? Discuss the meaning, nature, and scope of delegated legislation in administrative law.

Introduction

In a modern welfare state, the legislature cannot perform all law-making functions by itself. With the growth of complex societies, rapid technological developments, and the need for specialized regulation, legislatures across the world increasingly rely on delegated legislation. This phenomenon has become an integral part of administrative law, enabling flexibility, expertise, and efficiency in governance.

However, the growing reliance on delegated legislation also raises issues of democratic accountability, excessive delegation, and judicial control. To understand this, it is necessary to analyze the meaning, nature, and scope of delegated legislation in administrative law.

Meaning of Delegated Legislation

Delegated legislation refers to law made by an authority other than the legislature, but under powers delegated to it by the legislature. It is also called subordinate legislation or secondary legislation.

According to Salmond:

“Delegated legislation means that the executive can make rules, regulations, bye-laws, orders, and other instruments having the force of law under the authority of the legislature.”

Thus, delegated legislation is essentially law-making under the authority of a superior law-making body. The legislature lays down the policy framework and delegates the task of filling in the details to administrative agencies.

Examples

Rules made by the Central Government under the Environment Protection Act, 1986.
Regulations framed by SEBI under the SEBI Act, 1992.
By-laws made by municipalities for sanitation and public health.

Nature of Delegated Legislation

Delegated legislation has the following features:

Subordinate Character
- It derives its validity from the enabling Act of the legislature.
- If it exceeds the authority conferred, it is ultra vires and void.
Supplementary Role
- It supplements the parent Act by providing procedural and detailed provisions.
- For example, while the Motor Vehicles Act lays down general principles, the rules specify licensing procedures, traffic regulations, etc.
Flexibility and Adaptability
- Delegated legislation allows the law to be adapted quickly to changing circumstances without amending the parent Act.
Hybrid Nature
- Though made by the executive or administrative authorities, delegated legislation has the force of law once validly made.
Democratic Safeguard
- The ultimate control rests with the legislature since it can amend or repeal the enabling statute and provide for checks.

Scope of Delegated Legislation

The scope of delegated legislation has expanded immensely due to modern governance requirements. The main aspects of its scope are:

1. Filling in the Details

Legislatures often pass laws in general terms, leaving the details to be filled by rules or regulations.

Example: The Factories Act authorizes the government to prescribe safety measures by rules.

2. Technical and Specialized Matters

Modern laws deal with complex fields like atomic energy, telecommunications, and environment. Legislatures lack the expertise to frame detailed technical regulations, hence delegation to experts becomes essential.

3. Emergency Powers

Delegated legislation is used to handle emergencies where quick action is required, such as wartime controls or epidemic regulations.

Example: Epidemic Diseases Act empowers the government to frame temporary rules during outbreaks.

4. Local Variation

Delegated legislation allows laws to be adapted to local needs by empowering local bodies to make by-laws.

Example: Municipal by-laws on water supply, sanitation, and housing.

5. Continuous Change and Updating

Areas like taxation, labor, and environment require frequent changes. Delegated legislation allows continuous updating without waiting for parliamentary sessions.

6. Social and Welfare Legislation

Welfare schemes require flexibility in implementation, which is possible only through delegated legislation.

Example: Rules regarding subsidies, pensions, and health schemes.

Reasons for Growth of Delegated Legislation

Complexity of Modern Society – Modern governance requires regulation of trade, industry, environment, technology, etc., which the legislature alone cannot manage.
Limited Time of Legislature – Legislatures are overburdened and cannot devote time to detailed law-making.
Need for Expertise – Administrative agencies have technical knowledge to frame rules.
Flexibility – Delegated legislation allows quick modifications without formal amendments.
Emergency Situations – Delegation enables swift responses in crises.
Experimentation – Temporary rules can be tried before permanent incorporation.

Forms of Delegated Legislation

Delegated legislation may take various forms:

Rules and Regulations – Made by the executive under statutory authority.
By-laws – Made by local authorities or statutory corporations.
Orders – Issued by government departments to regulate specific matters.
Schemes – Administrative schemes prepared under statutory authority.
Circulars and Directions – Executive instructions binding within the administrative framework.

Judicial Pronouncements on Delegated Legislation

The Indian judiciary has played a significant role in defining the limits of delegated legislation.

In re Delhi Laws Act, 1951 (AIR 1951 SC 332)

The Supreme Court held that delegation is permissible, but the legislature cannot delegate its essential legislative function, namely, determining legislative policy.
Only the details and manner of implementation can be delegated.

Bimal Chandra Banerjee v. State of Madhya Pradesh (1971)

Delegated legislation cannot impose new taxes unless authorized by the parent Act.

Vasu Dev Singh v. Union of India (2006)

Rules must be consistent with the parent Act; if they go beyond it, they are ultra vires.

Indian Express Newspapers v. Union of India (1985)

Delegated legislation is subject to judicial review on grounds of unreasonableness, arbitrariness, or violation of fundamental rights.

Advantages of Delegated Legislation

Saves Parliamentary Time – Legislature can focus on policy matters.
Expertise – Technical details framed by experts.
Flexibility and Adaptability – Quick amendments possible.
Experimentation – Provisions can be tested before permanent adoption.
Local Needs – Local bodies can frame by-laws suitable to their conditions.

Dangers and Criticisms of Delegated Legislation

Risk of Abuse of Power – Excessive delegation may lead to arbitrary executive action.
Lack of Parliamentary Control – Legislatures often fail to exercise effective control over rules made.
Erosion of Democratic Principle – Law-making by unelected officials reduces legislative accountability.
Complexity and Uncertainty – Too many rules and regulations make the law complicated.
Possibility of Bureaucratic Tyranny – Executive discretion may lead to misuse.

Controls on Delegated Legislation

Since delegated legislation is necessary but potentially dangerous, effective controls are essential.

1. Judicial Control

Delegated legislation is subject to judicial review on the grounds of:
- Ultra Vires (beyond powers of parent Act).
- Violation of Fundamental Rights.
- Unreasonableness or arbitrariness.
- Mala fides or bad faith.

Cases: Delhi Laws Act Case (1951), Indian Express Newspapers Case (1985).

2. Legislative Control

Parliament/State Legislatures may control delegated legislation by:
- Laying Procedure – Rules are placed before the legislature for approval, modification, or annulment.
- Committees – Committees on Subordinate Legislation scrutinize rules.
- Question Hour/Debates – Legislators can question ministers on delegated legislation.

3. Executive Control

Higher executive authorities supervise the rule-making powers of subordinates.
Administrative instructions and circulars regulate exercise of delegated power.

Delegated Legislation in India

In India, the scope of delegated legislation has grown significantly after independence. With a vast population and socio-economic diversity, Parliament and State Legislatures have extensively delegated powers to administrative authorities.

Constitutional Validity: Article 245 and 246 vest legislative power in legislatures, but judicial interpretation permits delegation subject to limits.
Judicial Doctrine: The essential legislative function of laying down policy cannot be delegated, but its execution and details can.
Practical Necessity: In fields like labor, taxation, environment, and industry, delegated legislation has become indispensable.

Conclusion

Delegated legislation is a practical necessity in modern governance. It allows legislatures to focus on broader policies while leaving technical and detailed rule-making to administrative authorities. However, excessive delegation poses risks to democracy and rule of law.

The Indian judiciary has upheld delegated legislation as valid, provided that the essential legislative function of determining policy is not abdicated. Legislative and judicial controls act as safeguards to prevent misuse.

Thus, delegated legislation, though not free from criticism, has become an indispensable feature of administrative law, balancing the needs of efficiency, expertise, and flexibility with constitutional safeguards of accountability and fairness.

3. Critically examine the reasons for the growth of delegated legislation in modern states. How do social, political, and economic factors contribute to its expansion?

Introduction

The doctrine of separation of powers traditionally emphasized that the legislature makes the law, the executive enforces it, and the judiciary interprets it. However, in modern states, this rigid separation has broken down. Legislatures are no longer the exclusive lawmakers. Instead, a significant portion of law today is made by the executive or administrative agencies in the form of delegated legislation.

Delegated legislation, or subordinate legislation, refers to the rules, regulations, by-laws, orders, and notifications made by authorities other than the legislature but under powers delegated to them by the legislature. While once considered exceptional, it has now become inevitable and indispensable.

The growth of delegated legislation is not accidental but the result of social, political, and economic transformations of the 20th and 21st centuries. The complexities of governance, the rise of welfare states, and the demands of efficiency have compelled legislatures to delegate law-making powers to the executive.

This essay critically examines the reasons behind this growth, focusing on the social, political, and economic factors contributing to its expansion.

1. Social Factors Behind Growth of Delegated Legislation

(a) Rise of the Welfare State

Modern states have adopted the welfare model, aiming not merely to maintain law and order but to ensure social security, education, health, housing, and employment.
The implementation of welfare policies requires a huge volume of detailed regulations.
Legislatures cannot frame all such rules, so powers are delegated to administrative agencies.
Example: The Right to Education Act, 2009 requires extensive rules by governments and local bodies to implement the right effectively.

(b) Rapid Growth of Population and Urbanization

Increasing population and urbanization create challenges in areas like housing, sanitation, traffic management, and environmental control.
Municipalities and development authorities are empowered to make by-laws to address these localized issues.
Example: Building codes, pollution control rules, and zoning regulations are all forms of delegated legislation.

(c) Public Health and Safety Concerns

Public health crises, such as epidemics and pandemics, require immediate regulation.
Legislatures cannot anticipate every possible scenario, so flexible powers are conferred on executives.
Example: The Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, empower governments to make temporary rules during emergencies.

(d) Technological Development

Rapid advances in science and technology create new industries and challenges.
Legislatures cannot keep pace with constant innovation, so experts in regulatory bodies are authorized to frame rules.
Example: Rules framed by the Telecom Regulatory Authority of India (TRAI) or the Information Technology Rules under the IT Act, 2000.

Critical Observation:
While social needs justify delegation, excessive delegation can result in rules being framed without adequate democratic debate, weakening legislative oversight.

2. Political Factors Behind Growth of Delegated Legislation

(a) Limited Time and Resources of Legislatures

Modern legislatures are overburdened with numerous issues.
They focus on broad policies and leave the detailed rule-making to the executive.
Example: Parliament passes tax laws in general terms, while the Finance Ministry frames detailed tax rules.

(b) Parliamentary Inexperience in Technical Matters

Legislators are usually generalists, while governance today requires technical expertise.
Delegating law-making powers to specialists ensures effective regulation.
Example: Environmental laws require scientific knowledge, hence rules are framed by expert bodies like the Central Pollution Control Board.

(c) Need for Flexibility

Political governance requires laws that can be modified quickly to adapt to changing needs.
Legislatures are slow and rigid in procedure, whereas executives can act swiftly through rules and orders.
Example: Modifications in foreign trade policy by executive orders, depending on international developments.

(d) Emergency Powers

Political crises, wars, or internal disturbances demand urgent responses.
Legislatures cannot function with the required speed, so executives are given wide powers.
Example: During wartime in the UK and India, Defence of the Realm Regulations were framed by the executive under enabling statutes.

(e) Decentralization of Powers

In federal or quasi-federal states like India, powers are delegated to states and local bodies for effective governance.
This ensures political participation at grassroots levels through municipal by-laws and panchayat regulations.

Critical Observation:
Politically, delegation enhances efficiency, but it risks undermining the principle of separation of powers and may lead to concentration of authority in the executive.

3. Economic Factors Behind Growth of Delegated Legislation

(a) Growth of Industrialization

Industrialization created new challenges such as labor relations, factory safety, industrial disputes, and monopolies.
Legislatures passed broad acts like the Factories Act or Industrial Disputes Act, leaving the executive to frame detailed rules.
Example: Factory safety rules, minimum wage notifications, and labor welfare schemes.

(b) Regulation of Trade and Commerce

Modern economies require strict regulation of markets, imports, exports, pricing, and quality control.
Legislatures lay down general policies, while executives regulate specific matters.
Example: Essential Commodities Act empowers the government to regulate prices and distribution of essential goods.

(c) Socialistic and Welfare Economy

Developing countries like India adopted planned economic development after independence.
This required continuous state intervention in industries, banking, and trade.
Delegated legislation became the tool for implementing economic planning.
Example: Five-Year Plans led to numerous regulations, licensing schemes, and subsidies framed through delegated legislation.

(d) Taxation and Financial Regulations

Economic policies change frequently to meet revenue needs.
Legislatures cannot amend taxation laws frequently, so governments issue notifications altering tax rates, exemptions, and duties.
Example: The Customs Act and GST laws allow the executive to modify rates through delegated powers.

(e) Globalization and International Commitments

Economic globalization requires states to adapt domestic laws to international treaties and trade agreements.
Legislatures delegate powers to the executive to implement these commitments flexibly.
Example: WTO obligations implemented through delegated legislation under foreign trade laws.

Critical Observation:
Economic compulsions strongly justify delegation, but frequent executive changes in taxation and trade regulations may create instability and uncertainty for businesses and individuals.

Other Contributing Factors

(a) Experimentation in Law-Making

Delegated legislation allows trial-and-error methods before incorporating provisions permanently into statutes.
Example: Pilot schemes for subsidies or environmental regulations introduced through executive orders.

(b) Administrative Convenience

Day-to-day functioning of government requires administrative instructions and regulations.
Without delegated legislation, governance would become unmanageable.

(c) Expansion of Functions of the State

Modern states intervene in education, employment, housing, transport, energy, and environment.
The vast scope of government activity necessitates extensive rule-making by executives.

Judicial Views on Growth of Delegated Legislation

The judiciary has acknowledged the necessity of delegated legislation but has set constitutional limits.

In re Delhi Laws Act, 1951 (AIR 1951 SC 332):
- Delegation is valid but the legislature cannot abdicate its essential function of laying down policy.
A.K. Roy v. Union of India (1982):
- Even in preventive detention, the legislature must provide guidelines, though details may be delegated.
Indian Express Newspapers v. Union of India (1985):
- Delegated legislation is subject to judicial review on grounds of arbitrariness, unreasonableness, or violation of fundamental rights.

Thus, while courts recognize the practical need for delegation, they act as guardians against excessive or uncontrolled delegation.

Critical Evaluation

While the growth of delegated legislation is inevitable, it presents both benefits and dangers:

Benefits

Ensures efficient governance in a complex society.
Brings technical expertise into law-making.
Provides flexibility and adaptability.
Helps in emergency situations and economic regulation.

Dangers

Excessive delegation may undermine parliamentary supremacy.
Bureaucratic law-making reduces democratic accountability.
Citizens may face legal uncertainty due to constant changes.
Risk of arbitrariness and misuse of power by the executive.

Thus, a balance must be maintained between the necessity of delegation and safeguards to prevent abuse.

Conclusion

The growth of delegated legislation in modern states is the result of profound social, political, and economic transformations. The rise of the welfare state, the complexity of industrial society, rapid technological changes, and globalization have compelled legislatures to delegate powers to administrative agencies. Political factors like limited legislative time, need for flexibility, and emergency powers further justify delegation, while economic planning and regulation make it indispensable.

However, the expansion of delegated legislation must be balanced with safeguards. Effective legislative control, judicial review, and transparency are essential to prevent misuse. As long as legislatures lay down broad policies and ensure accountability, delegated legislation remains a necessary instrument of modern governance, reflecting the dynamic nature of law in contemporary society.

4. Explain the classification of delegated legislation. What are the different forms in which delegated legislation can be made? Illustrate with examples.

Introduction

Delegated legislation has become a defining feature of modern governance. In contemporary states, legislatures enact framework laws, leaving the details to be filled in by the executive and administrative authorities. This practice allows flexibility, technical expertise, and quick adaptability.

However, delegated legislation is not a uniform concept. It manifests in different forms, depending on the nature of delegation, the subject-matter, and the authority empowered to make it. For better understanding and control, legal scholars and courts have classified delegated legislation into different categories.

This essay examines the classification of delegated legislation and explains the various forms it may take, supported with examples and judicial pronouncements.

Meaning of Delegated Legislation

Delegated legislation refers to rules, regulations, bye-laws, notifications, and other legal instruments made by an authority other than the legislature, under powers conferred by the legislature. Once validly made, these instruments have the force of law, though their validity depends on conformity with the parent statute.

Need for Classification

The classification of delegated legislation serves several purposes:

It provides a clearer understanding of its nature and scope.
It enables the identification of proper control mechanisms (judicial, legislative, or procedural).
It helps distinguish between legitimate delegation and excessive delegation.
It clarifies accountability of different rule-making authorities.

Classification of Delegated Legislation

Delegated legislation can be classified on different bases:

1. Classification on the Basis of the Nature of Delegation

(a) Skeleton or Framework Delegation

In this form, the legislature enacts only a broad skeleton of law and leaves the entire detailed framework to the delegate.
It has been criticized as excessive delegation since the legislature abdicates its essential role.
Example: If a statute simply authorizes the government to “regulate trade” without laying down any guiding principles, it amounts to skeleton legislation.

(b) Delegation of Power to Modify or Adapt the Law

The legislature may empower the executive to modify or adapt existing laws to bring them in conformity with new statutes.
Example: The Delhi Laws Act Case (1951) upheld such delegation as valid, provided the legislature had laid down the policy and principles.

(c) Conditional Legislation

Here, the law is complete but its operation is made conditional upon the satisfaction of the executive authority.
The executive does not make law but decides whether and when the law should come into effect.
Example: A statute authorizing the government to apply the law to specific areas when necessary.
Case Law: Queen v. Burah (1878) – Privy Council upheld conditional legislation as valid.

2. Classification on the Basis of the Authority Exercising Power

(a) Delegated Legislation by the Executive

Most delegated legislation is framed by ministers or government departments.
Examples:
- Rules under the Motor Vehicles Act framed by the Ministry of Road Transport.
- Rules under the Environment Protection Act framed by the Ministry of Environment.

(b) Delegated Legislation by Local Authorities

Local bodies like municipalities, panchayats, and development authorities are empowered to make by-laws for local administration.
Examples: Municipal by-laws on building regulations, sanitation, or street lighting.

(c) Delegated Legislation by Statutory Corporations and Agencies

Statutory corporations like universities, banks, and regulatory bodies may make rules under enabling statutes.
Examples:
- UGC Regulations under the University Grants Commission Act.
- SEBI Regulations under the SEBI Act, 1992.

(d) Delegated Legislation by the Judiciary

Sometimes, the judiciary is empowered to frame rules for regulating its procedure.
Examples:
- High Courts framing rules under Article 225 of the Constitution.
- The Supreme Court Rules framed under Article 145 of the Constitution.

3. Classification on the Basis of the Form of Delegated Legislation

Delegated legislation may take multiple forms:

(a) Rules

Rules are detailed provisions made by the executive under authority of the parent Act.
They provide the working details for implementing the Act.
Example: Central Civil Services (Classification, Control and Appeal) Rules framed under the proviso to Article 309 of the Constitution.

(b) Regulations

Regulations are similar to rules but usually made by statutory bodies or corporations to regulate their own functions.
Examples:
- SEBI (Listing Obligations and Disclosure Requirements) Regulations.
- RBI Regulations under the Banking Regulation Act.

(c) Bye-Laws

Bye-laws are laws made by local authorities or public corporations for matters within their jurisdiction.
They are binding within the local area of operation.
Examples: Municipal bye-laws relating to building codes, drainage, and licensing of shops.

(d) Orders

Delegated legislation may take the form of executive orders issued under statutory authority.
Examples:
- Essential Commodities (Control of Production, Supply, and Distribution) Orders.
- Export-Import (EXIM) Orders under the Foreign Trade (Development and Regulation) Act.

(e) Notifications

Notifications are issued by the government to bring laws into effect, apply exemptions, or declare specific conditions.
Examples:
- Notifications granting tax exemptions under the Customs Act.
- Notification declaring certain areas as “Scheduled Areas” under the Constitution.

(f) Circulars and Directions

Administrative authorities issue circulars and directions to implement laws.
They guide subordinate officials and may have binding force within the administrative hierarchy.
Examples: RBI circulars on banking procedures.

(g) Schemes

Sometimes, laws authorize governments to frame schemes for specific purposes.
Examples:
- Employees’ Provident Fund Scheme under the EPF Act.
- National Food Security Schemes under enabling legislation.

4. Classification on the Basis of Subject-Matter

(a) Penal Delegated Legislation

When authorities are empowered to frame rules prescribing penalties for violation.
Courts insist that such delegation must be strictly within limits.
Example: Traffic rules under the Motor Vehicles Act prescribing fines.

(b) Taxation Delegated Legislation

Delegation of power to fix rates of taxes, duties, or fees.
Such delegation is constitutionally sensitive, but permitted with safeguards.
Example: Government notifications modifying GST rates.

(c) Emergency Delegated Legislation

Special powers given to executives during war, crisis, or disaster.
Examples:
- Defence of India Rules during wartime.
- Epidemic regulations during health emergencies.

Judicial Pronouncements on Forms of Delegated Legislation

In re Delhi Laws Act, 1951 (AIR 1951 SC 332): Legislature cannot delegate its essential legislative function but may delegate the power to fill in details.
Municipal Corporation of Delhi v. Birla Cotton Mills (1968): By-laws made by municipal bodies are valid if consistent with parent statute.
Indian Express Newspapers v. Union of India (1985): Delegated legislation is subject to judicial review for arbitrariness or violation of fundamental rights.
A.K. Roy v. Union of India (1982): Even emergency delegated legislation must conform to constitutional principles.

Advantages of Multiple Forms of Delegated Legislation

Flexibility: Different forms like rules, notifications, and orders allow quick responses.
Expertise: Technical bodies like SEBI and RBI frame specialized regulations.
Local Governance: By-laws empower municipalities to cater to local needs.
Administrative Efficiency: Circulars and directions streamline functioning of bureaucracy.

Criticisms and Dangers

Democratic Deficit: Many forms of delegated legislation are framed without adequate parliamentary debate.
Risk of Abuse: Broad powers in the form of notifications and orders may lead to arbitrariness.
Lack of Uniformity: Different authorities framing rules may cause legal complexity.
Judicial Burden: Courts are frequently called upon to review validity of delegated legislation.

Controls over Different Forms of Delegated Legislation

Legislative Control
- Laying procedures: All rules and regulations must be placed before Parliament/State Legislature.
- Committees on Subordinate Legislation examine validity.
Judicial Control
- Courts apply doctrines of ultra vires, reasonableness, and conformity with fundamental rights.
Executive Control
- Higher officials supervise subordinate authorities.

Conclusion

Delegated legislation is not confined to one rigid form but assumes multiple manifestations — rules, regulations, by-laws, notifications, orders, circulars, and schemes. The classification of delegated legislation helps in understanding its scope, applicability, and controls.

While these forms enhance flexibility and efficiency in governance, they also raise concerns of accountability and democratic legitimacy. Therefore, effective checks by the legislature, judiciary, and public scrutiny are essential.

In sum, the classification of delegated legislation reflects the pragmatic adaptation of law-making to the demands of a modern, complex, and welfare-oriented state, while simultaneously underscoring the need for vigilance against misuse of power.