Fundamentals of Business Laws and Business Communication · Legislative Process in India

Delegated Legislation: Meaning, Types, Rules and Regulations

Updated 10 October 2026 · Fact-checked

Delegated legislation is law made by the executive or another authority under power given by an Act of Parliament or a State Legislature. It appears as rules, regulations, notifications, orders and bye-laws. To solve questions, identify who made it, under which parent Act, and what control (legislative or judicial) applies.

Understand Delegated Legislation, Rules and Regulations

Parliament and State Legislatures cannot write every detail of every law. An Act sets the policy and principles. The technical details, such as forms, fees, procedures and dates, are left to be filled in later.

The Act therefore gives power to an authority, usually the Central or State Government, a Minister, a regulator or a local body. That authority makes the detailed law. This is delegated legislation, also called subordinate legislation. The Act that gives the power is called the parent Act or enabling Act.

The common forms are:

Rules: usually made by the Government under the Act, dealing with detailed working of the Act.
Regulations: usually made by a statutory body or authority (for example a regulator) for its own functioning or the sector it governs.
Notifications and orders: published in the Official Gazette to bring a provision into force, change a schedule, or give an exemption.
Bye-laws: made by local authorities, such as municipal bodies, for their area.

Delegated legislation must stay within the parent Act. If it goes beyond the power given, it is ultra vires (beyond powers) and a court can declare it invalid. It also cannot go against the Constitution.

Delegation is allowed, but Parliament cannot hand over its entire law-making power. It must lay down the policy and guidance, and leave only the details. Controls exist to keep the delegate in check. These are legislative control (such as laying the rules before the House) and judicial control (courts testing validity). Procedural control, such as prior publication and consultation, also exists.

Key formulas to remember

Delegated legislation: Parent Act (policy) + delegated authority (details) = rules, regulations, notifications, bye-laws; Always check that a parent Act gives the power. Without it, the delegated law has no base.
Test of validity: Valid only if: within the parent Act + consistent with the Constitution + proper procedure followed; Failing the first test makes it ultra vires the Act. Failing the second makes it unconstitutional.
Who usually makes what: Rules → Government | Regulations → statutory bodies | Bye-laws → local authorities | Notifications → Government via Gazette; This is the usual pattern, not an absolute rule. The parent Act decides in each case.
Controls: Legislative (laying before the House, committees) + Judicial (ultra vires, unconstitutionality) + Procedural (publication, consultation); Learn the three heads. Exam options often mix them up.
Limit on delegation: Legislature cannot delegate essential legislative function; it can delegate ancillary or details; Policy must be laid down in the Act itself. Excessive delegation can be struck down.

How to solve Delegated Legislation, Rules and Regulations questions

Use this method for any MCQ on delegated legislation, rules and regulations.

1Read the question stem and mark the key word: meaning, type, maker, control, or validity.
2Ask: is this the Act itself (made by the legislature) or something made under an Act? If under an Act, it is delegated legislation.
3Match the form to its usual maker: rules to Government, regulations to statutory bodies, bye-laws to local authorities, notifications to the Gazette.
4For validity questions, check three things: parent Act power, Constitution, and procedure.
5For control questions, sort the option into legislative, judicial or procedural control.
6Eliminate options that say Parliament delegates all its power, or that delegated law can override the parent Act.
7Pick the option that stays within the parent Act and keeps the legislature's policy role.

Quickest way: Parent Act test and maker match

When to use it: Use this for one-line definition, type or maker questions where you have under a minute.

Ask: does it get its power from an Act? If yes, it is delegated.
Match the name to the maker: rules to Government, regulations to bodies, bye-laws to local authorities.
If an option says it can override the parent Act, reject it.
If an option says courts cannot review it, reject it.
Choose the remaining option and move on.

Common mistakes in Delegated Legislation, Rules and Regulations

Treating rules and regulations as the same thing in every case.
Both are subordinate laws and are often used loosely in daily language.
Fix: Remember the usual pattern: rules by Government, regulations by statutory bodies. The parent Act decides, so read the stem for the maker.
Thinking delegated legislation can override the parent Act.
Students see it as detailed and therefore stronger.
Fix: It is subordinate. If it conflicts with the parent Act, the Act prevails and the delegated law is ultra vires.
Believing Parliament can delegate its whole law-making power.
The word delegation suggests a full handover.
Fix: Only details can be delegated. The policy and essential function must stay with the legislature.
Saying courts cannot question rules because they are made by the Government.
Students confuse executive authority with immunity.
Fix: Courts can strike down delegated legislation that is ultra vires or unconstitutional. This is judicial control.
Mixing up legislative control and judicial control.
Both sound like checks, and options use similar words.
Fix: Legislative control is by the legislature, such as laying rules before the House. Judicial control is by courts testing validity.

Worked examples

Example 1

Which of the following best describes delegated legislation? (a) An Act passed by Parliament with a special majority (b) Law made by an authority under power given by an Act (c) A judgment of the Supreme Court (d) A custom accepted by courts

Show the solution

Look at the key idea: it is made under power given by an Act.
Option (a) describes primary legislation, not delegated.
Option (c) is a precedent and option (d) is custom. Neither is made by an authority under an Act.
Option (b) matches the definition.

Answer: (b) Law made by an authority under power given by an Act.

Example 2

A rule made by the Government under an Act goes beyond what the Act allows. What is the likely legal position? (a) Valid because the Government made it (b) Valid because it was published in the Gazette (c) Invalid as ultra vires the parent Act (d) Valid until Parliament meets again

Show the solution

Delegated legislation must stay within the power given by the parent Act.
A rule that exceeds that power is ultra vires.
Publication in the Gazette is a procedural step. It does not cure lack of power, so (a) and (b) fail.
Option (d) invents a waiting rule. Courts can test validity at any time.
So the rule can be declared invalid by a court.

Answer: (c) Invalid as ultra vires the parent Act.

Exam tips

Learn the three controls as a group: legislative, judicial, procedural. Many options test whether you can sort an example into one.
Remember ultra vires by its meaning, beyond powers. Questions often describe the situation without using the term.
Watch for extreme words such as all, never, cannot be questioned. They usually mark a wrong option.
Link this topic with primary vs subordinate legislation. Questions often ask which one is higher in rank, and the answer is the Act.

Practice questions from Legislative Process in India

Delegated Legislation, Rules and Regulations in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Delegated Legislation, Rules and Regulations: frequently asked questions

What is delegated legislation in simple words?

It is law made by the executive or another authority, not by the legislature directly. The legislature gives that power through a parent Act. The authority fills in details through rules, regulations, notifications and bye-laws.

What is the difference between an Act, rules and regulations?

An Act is passed by the legislature and sets the policy. Rules are usually made by the Government under the Act to give details. Regulations are usually made by a statutory body for its own working or sector, again under the Act.

How is delegated legislation controlled in India?

The legislature controls it, for example by requiring rules to be laid before the House. Courts control it by striking down rules that are ultra vires or unconstitutional. Procedural requirements such as publication also act as checks.

Why is delegated legislation needed?

Legislatures have limited time and cannot handle technical details. Delegation lets the executive or experts make detailed and flexible rules quickly. It also lets the law change with circumstances without a new Act.