If delegated legislation is within constitutional limits, it retains legal validity and regulatory authority.

What is delegated legislation, and does the executive acquire equivalent authority from the legislature through delegation? Are there limitations or checks on the executive’s exercise of delegated powers? 

In the case of Re: The Delhi Laws Act, 1912, The Ajmer Merwara Extension v. The Part C States (Laws) Act, 1951 SCR 747, a landmark judgement of seven benches answering the questions mentioned above was delivered. The Supreme Court has ruled that delegated legislation is the legal authority granted by the legislature to executive or administrative bodies to create laws, regulations, or rules within specified boundaries set by the primary legislation and further held that the executive can only perform ancillary functions, prohibiting the legislature from delegating essential functions to the commission. In Indian Oil Corporation v. Municipal Corporation AIR 1993 SC 844, the court ruled that any delegated legislation must align with the parent act and should not contradict its legislative policies. It implied that a delegate should not have more legislative authority than the delegator.


M Shanthish Kumar, 5th year B.A, LL. B(Hons.),  Veltech School of Law, Chennai.


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