Question

Which of the following statement is true with respect to delegated legislation?

• A. A delegate cannot further delegate
• B. Essential legislative functions cannot be delegated
• C. Ancillary and incidental legislative functions can be delegated
• D. All of the above

Hint:

The supreme authority on the limits of delegated legislation in India is the *In Re Delhi Laws Act* case (1951).
It established that the legislature must lay down the policy and standards before delegating rule-making power to the executive.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the correct statement(s) regarding the legal principles and limitations of delegated legislation under constitutional and administrative law.

Step 2: Key Legal Principles and Approach:
Delegated legislation (subordinate legislation) occurs when the legislature delegates rule-making power to executive authorities.
This power is subject to the constitutional doctrine of separation of powers and the maxim delegatus non potest delegare.

Step 3: Detailed Explanation:

• Analyzing Statement (A) "A delegate cannot further delegate": This reflects the fundamental legal maxim delegatus non potest delegare.

• When the legislature delegates power to a specific executive authority, that authority cannot sub-delegate that power to another body unless the parent statute explicitly authorizes sub-delegation.

• Hence, statement (A) is true.

• Analyzing Statement (B) "Essential legislative functions cannot be delegated": This is the key constitutional limitation established by the Supreme Court of India in the landmark In Re Delhi Laws Act Case (1951).

• The legislature cannot abdicate its power.

• The essential legislative function consists of determining the legislative policy and formalizing it into a rule of conduct.

• Hence, statement (B) is true.

• Analyzing Statement (C) "Ancillary and incidental legislative functions can be delegated": Once the legislature defines the policy and standard in the parent Act, it can delegate the power to fill in the details (ancillary, incidental, and procedural matters) to the executive.

• Hence, statement (C) is true.

• Since statements (A), (B), and (C) are all true, the correct option is (D), "All of the above."

Step 4: Final Answer:
The rules of non-subdelegation, preservation of essential legislative functions, and permissibility of delegating ancillary matters are all true, making Option (D) the correct answer.