Delegated legislation may be defined as legislation or rules of law made by some person or body under authority given to that person or body, by an act of parliament. This type of act is called “the enabling act”. The enabling act lays down the broad principle for the guidance of the body to whom power to make law has
been entrusted. Delegated legislation may exist in the form of, bye law, schemes, order, notification, rules, regulation etc. Salmond defines the expression “Delegated legislation” as that which proceeds from any authority other than sovereign power and is therefore dependent for its continued existence and validity on some superior or supreme authority2” In current scenario, we can see tremendous increase in the functions of state. Except giving protection to citizens it is looking into the matters concerning overall welfare of the subjects. Now state is not an isolated institution but has become the protector of the whole community. State is
present to protect every positive and constructive activity to secure the goal of overall development of its subject. To sustain on its move from police state constitutional jurists to welfare state, it has adopted the “tool” of delegated legislation. Usually, what happens is that the legislature enacts a law covering only the general principles and policies relating to the subject matter in question, and confers rule- making power on the
Government, or on some other administrative agency. The delegation of legislative power is permissible only when the legislative policy is adequately laid down and the delegate is empowered to carry out the policy within
the guidelines laid down by the legislature3. Mukherjee J rightly says “Delegated Legislation is an expression which covers a multitude of confusion. It is an excuse for the legislators, a shield for the administrators and a provocation to the”4. The factors behind the growth of Delegated Legislation are:
1 There is a lot of pressure on Parliament. It is not possible for this body, to deal with all kind of needed major and minor legislation. To eradicate this problem, parliament generally confers on executive the rule making powers.
2 Sometimes because of the technicalities of the subject matter legislators require experts to deal with them and for this they go for delegation of the power to make laws.
3 In delegated legislation there is much scope for experimentation, it offers rapid machinery for amendment and revocation of the legislation.
4 Delegated Legislation is fit to deal with unforeseen contingencies which might not come across during passing of enabling act.
5 In case of emergency on account of war, floods, insurrection, epidemics, economic depression there is a need of quick decision so the executive must be bestowed with the power to take action instantly. The technique of delegated legislation is very extensively used in India.
