The legislative power, which is given by the parliament to the administrative authority, is not absolute, it is limited. The administrative also may not exercise such power by violating the Parent Act to which it is acquired that power. Administrative is bound to exercise that power within a margin. The margins of delegated legislation are given below –
- Retrospective Operation of Law
- Exclusion of Judicial Review
- Repeal of Law
- Removal of Difficulties
- Making Penal Law
- Imposing Taxes
- Property Acquisition and Determination of Compensations
- Monetary Legislation
1. Retrospective Operation of Law
Generally every law is enforced from such date after it is passed. But parliament may sometimes pass law by enforcing in such date before of it. It is called the retrospective operation of law (ex post facto). It is one of the essential legislative functions of the parliament. For this, parliament may not delegate this power to any administrative authority.
Union of India v. Modom Gupal Kabra (1951)
In this case refers that, the retrospective power which is given to the parliament by the constitution may not delegate to any authority, because it is the essential legislative function of the parliament.
2. Exclusion of Judicial Review
The Supreme Court has authority to ask question regarding the validity of any law passed by the parliament, but may not asked for delegated legislation.
Institution of Patent v. Lockwood (1894)
In this case Lord Herschell refers that, ‘the jurisdiction of the Courts to question regarding the validity of delegated legislation could be taken away’. This view is known as ‘Herschell doctrine’.
Minister of Health v. R ex P Yaffe (1931)
In this case Lord Dunedin refers that, the Court may not ask for the validaty of delegated legislation, – it is not absolute. If the administrative authority violate the power which given to it by Parent Act, – the Court may not be silent, the court must ask for it. This view is known as ‘Yaffe doctrine’.
3. Repeal of Law
Parliament is the only authority to exercise the power to repeal of law. It is one of the essential legislative functions of the parliament. For this, parliament may not delegate this power to any administrative authority.
4. Removal of Difficulties
Parliament is the only authority to exercise the power to remove difficulties of law. It is one of the essential legislative functions of the parliament. For this, parliament may not delegate this power to any administrative authority.
5. Making Penal Law
Parliament is the only authority to exercise the power to make penal laws. It is one of the essential legislative functions of the parliament. For this, parliament may not delegate this power to any administrative authority.
6. Imposing Taxes
Parliament is the only authority to exercise the power to make laws regarding imposing taxes. It is one of the essential legislative functions of the parliament. For this, generally the parliament may not delegate this power to any administrative authority. But parliament may delegate that power only by fixing the maximum and minimum limits of the tax.
7. Property Acquisitions and Determination of Compensations
Parliament is the only authority to exercise the power to make laws regarding acquisition property and determination of compensation. It is one of the essential legislative functions of the parliament. For this, generally the parliament may not delegate this power to any administrative authority. But parliament may delegate that power only by fixing the maximum and minimum limits and modes of acquisition and compensation.
8. Monetary Legislation
Parliament is the only authority to exercise the power to all monetary legislation. It is one of the essential legislative functions of the parliament. For this, parliament may not delegate this power to any administrative authority.
