Interpretation of delegated legislation in india

Topics: Law, Parliament, Administrative law Pages: 24 (5299 words) Published: April 27, 2014
INSTITUTE OF LAW
NIRMA UNIVERSITY

INTERPRETATION OF DELEGATED LEGISLATION IN INDIA

Project Work
(INTERPRETATION OF STATUTES)

By:
Nidhi Jain

LIST OF CASES

R.Vs. Burah (1878) 3 AC 889
Jhatindra Nath Gupta Vs. Province of Bihar AIR 1949 FC 175
Delhi Laws Act case AIR 1951 SC 332
Panama Refining Co. v. Ryans293 U.S. 388
Raj Narayan Singh v. Chairman Patna Administration CommitteeAIR 1954 SC 569 G.O.C. v. Subash Chandra Yadav AIR 1951 SC 332
Sidhartha Sarawgi v/s Board Of Trustees For Port Of KOLKATA AND OTHERS on 16-Apr-2014 Krishna Prasad v/s The State of Jharkhand & Ors.on 25th , March,2014 Lakshmana Rao Yadavalli & Anr v/s State Of A.P.& Ors on 6 December, 2013 Union of India & Ors. v/s S. Srinivasan on 21 May, 2012

Delhi Race Club Ltd v/s Union Of India & Ors on 13 July, 2012

TABLE OF CONTENTS

TITLE PAGE 1. List of Abbreviations………………………………………………………………….......6 2. Chapter 1- Principle & Concept….……..….……………………………………………..7 3. Chapter 2- Development & Growth……....……….….…………………………...….......9 4. Chapter 3- Application of Law….…..……………………………………………….......14 5. Chapter 4- Critical Analysis……..……………………………..…...................................16 6. Chapter 5- Case Laws……………………………………………………………………19 7. Bibliography………..……………………………………………………………………26

LIST OF ABBREVIATIONS

1. e.g. : Exampli Gratia
2. i.e. : that is
3. No. : Number
4. Org : Organization
5. p.g : Page
6. Sec : Section
7. v. : Versus
8. www : World Wide Web
9. &: and
10. ILR: Indian Law Reporter
11. SCC: Supreme Court Cases
12. AIR: All India Reporter
13. Cal.: Calcutta
14. Ker.: Kerala
15. Mad.: Madras
16. SC: Supreme Court
17. HC: High Court

CHAPTER-1
CONCEPT & PRINCIPLE

Traditionally, it is well known fact that the legislations are to be made by the parliament. Legislations can be divided into two broad categories i.e., primary legislation and delegated legislation. Primary legislations are enacted by the Parliament, while delegated legislations are promulgated by the executive. Primary legislation sets out the matters of policy, while implementation and detail is delegated to the executive. It is the detail and implementation of the primary legislation that impacts on daily lives of the people. When legislators outsource the law making work, partially, to the executive, it is known as Delegated Legislation. The cost of a driver’s license, the daily limit for taking of shell fish, 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.1 This concept is a universally accepted principle. Parliament, through an Act of Parliament, can permit another person or body to make legislation. An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act. By Parliament giving authority for legislation to be delegated it enables other persons or bodies to provide more detail to an Act of Parliament. Parliament thereby, through primary legislation (i.e. an Act of Parliament), permit others to make law and rules through delegated legislation.2 The legislation created by delegated legislation must be made in accordance with the purposes laid down in the Act. The function of delegated legislation is...
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