Jurisprudence, Interpretation and General Laws · Administrative Laws

Delegated Legislation: Meaning, Types and Control

Updated 11 October 2026 · Fact-checked

Delegated legislation is law made by the executive or another authority under power given by a statute passed by the legislature. To answer questions, define it, name the parent Act, state why it is needed, explain the limit on delegation (no abdication of essential legislative function), and cover judicial and legislative control.

Understand Delegated Legislation

Normally the legislature makes laws and the executive applies them. Delegated legislation (also called subordinate legislation) is the exception. Parliament passes an Act, called the parent Act or enabling Act, and authorises the Government or another body to make rules, regulations, bye-laws or orders to carry it out.

Why does it exist? Parliament has limited time. Modern subjects are technical, such as securities, tax and labour. Detail needs flexibility and quick change. Emergencies need fast action. Local conditions differ. So the legislature lays down the policy and leaves the details to the executive.

The forms are many. By the authority making it: rules by the Central Government, regulations by bodies like SEBI, bye-laws by local bodies. By the delegate: the Government, a statutory body, or a local authority. Another common classification is by the power given: conditional legislation, where the delegate only decides when or whether the Act applies, and true delegated legislation, where the delegate makes subsidiary rules. Also note sub-delegation, where the delegate passes the power on to someone else. It is valid only if the parent Act permits it.

There is a limit. The legislature must lay down the policy and the standard. It cannot hand over its essential legislative function. Excessive delegation is struck down as unconstitutional. In In re Delhi Laws Act, 1912 (1951), the Supreme Court considered how far the legislature can delegate. The Court held that the legislature cannot abdicate its essential functions, but may delegate ancillary or subsidiary ones. It also held that the power to repeal or modify a law is not within permissible delegation if it changes the essential policy.

Control works in two ways. Legislative control: laying the rules before Parliament, where they may be modified or annulled, and scrutiny by the Committee on Subordinate Legislation. Judicial control: courts can strike down delegated legislation as ultra vires the Constitution, ultra vires the parent Act, or unreasonable or arbitrary. Procedural control also matters, such as prior publication or consultation where the Act requires it.

Key rules to remember

Meaning: Parent Act (policy) + delegate's rules (details) = delegated legislation; The parent Act must give the power. Without it, the rule is invalid.
Test of permissible delegation: Legislature lays down policy and standard → delegate fills in details; Delegation of the essential legislative function is excessive and void.
Conditional vs delegated legislation: Conditional: delegate decides when the law applies. Delegated: delegate makes subsidiary rules; In conditional legislation, the delegate has no power to make rules of its own.
Grounds of judicial control: Ultra vires the Constitution / ultra vires the parent Act / unreasonable or arbitrary / procedural defect; Use these four heads in every control answer.
Legislative control methods: Laying before the House + modification or annulment + committee scrutiny; The parent Act states the laying procedure.
In re Delhi Laws Act (1951): Essential functions cannot be delegated; ancillary functions can; Policy must come from the legislature. Delegate cannot change the essential policy.

How to solve Delegated Legislation questions

Use the same frame for definition, case and problem questions.

1Define delegated legislation and name the parent Act and the delegate.
2Give the reasons for its growth in two or three points relevant to the facts.
3State the type involved: conditional, delegated or sub-delegation.
4State the limit: the legislature must lay down policy and cannot abdicate essential functions. Cite In re Delhi Laws Act where relevant.
5Test the rule against the grounds of judicial control and the parent Act.
6Mention legislative control, such as laying before Parliament and committee scrutiny, if the question asks for control.
7Conclude clearly: valid, invalid, or valid only to the extent within the parent Act.

Quickest way: Four-line answer frame

When to use it: Short notes or when time is running out.

Line 1: define it and name the parent Act.
Line 2: give the reason or type asked.
Line 3: state the limit (no excessive delegation) with In re Delhi Laws Act.
Line 4: state control, judicial and legislative, and conclude.

Common mistakes in Delegated Legislation

Treating conditional legislation and delegated legislation as the same.
Both involve the executive acting under an Act.
Fix: Remember that in conditional legislation the delegate only decides when the Act applies. In delegated legislation it makes subsidiary rules.
Saying all delegation is unconstitutional because Parliament must make law.
Students overread the separation of powers.
Fix: State that delegation of ancillary matters is valid. Only abdication of essential functions is void.
Misstating In re Delhi Laws Act as allowing unlimited delegation.
The case has many separate opinions and is hard to remember.
Fix: Use the safe summary: essential legislative function cannot be delegated, ancillary functions can.
Listing only judicial control.
Courts are more familiar than parliamentary procedure.
Fix: Always give both heads: legislative control (laying, annulment, committee) and judicial control (ultra vires, arbitrariness).
Ignoring the parent Act in problem questions.
Students jump to constitutional arguments.
Fix: First ask whether the rule goes beyond the power in the parent Act. This is the most common ground.
Assuming sub-delegation is always allowed.
Delegates seem free to pass on work.
Fix: Say sub-delegation is valid only if the parent Act expressly or impliedly allows it.

Worked examples

Example 1

Parliament passes an Act saying the Central Government 'may make any rules it thinks fit, including rules that amend any provision of this Act'. Is this delegation valid?

Show the solution

Provision: Parliament may delegate details but not its essential legislative function. See In re Delhi Laws Act, 1912 (1951).
Analysis: The clause gives no policy or standard. It lets the Government decide anything it wants.
The power to amend the Act itself lets the Government change the policy the legislature set.
Such a power amounts to abdication of the legislature's essential function.

Answer: The delegation is excessive. The clause is void to the extent it gives unguided power and the power to change the Act's essential policy. Only rules within a stated policy are valid.

Example 2

An Act empowers the Central Government to bring it into force in a State on a date it decides after judging that the State is ready. Is this delegated legislation? Explain with the difference from delegated legislation.

Show the solution

Definition: Conditional legislation is a complete law where the delegate only decides when or whether it applies.
Facts: The Act is complete. The Government only picks the date and the State on a stated condition.
The Government makes no new rules. It exercises limited discretion, not law-making power.
In delegated legislation, the delegate would make subsidiary rules or regulations.

Answer: This is conditional legislation, not true delegated legislation. It is valid because the legislature has made the law and fixed the policy. The Government only decides the time of application.

Exam tips

Write the definition with the parent Act in the first line. Examiners look for it.
Always give both legislative and judicial control when the question says 'control'.
Learn In re Delhi Laws Act with a one-line holding. Do not add details you are unsure of.
For a compare question, write a short two-column style in bullets: meaning, power, example.
Use the word ultra vires with the specific ground, not alone.

Practice questions from Administrative Laws

Delegated Legislation 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: frequently asked questions

What is the difference between conditional and delegated legislation?

In conditional legislation the law is complete and the delegate only decides when or whether it applies, based on a stated condition. In delegated legislation the delegate makes rules or regulations to fill in details. The first is not law-making, the second is.

What is excessive delegation?

It is when the legislature hands over its essential legislative function, such as policy-making, without any guidance. Courts strike down such delegation as unconstitutional. Delegation of details within a clear policy is valid.

How does Parliament control delegated legislation?

Rules are usually required to be laid before the Houses of Parliament. Parliament can modify or annul them as the parent Act provides. A committee on subordinate legislation also scrutinises them.

How can courts control delegated legislation?

Courts can declare a rule void if it is against the Constitution, goes beyond the parent Act, or is unreasonable or arbitrary. They may also check whether the required procedure was followed.

Why is delegated legislation needed?

Parliament has limited time and subjects are technical. Rules need flexibility, speed and local fit. So the legislature sets the policy and leaves details to the executive.