Delegated legislation

Subject: Polity

Context: Rules made by Centre, State cannot exceed powers granted by parent statute says SC

More about the News:

SC ruled on a Kerala electricity board appeal holds that delegated legislation, such as rules and regulations, must not supplant, exceed or be in non-compliance with the law they derive power from.
Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect.
Ultra vires (acting beyond one’s legal powers) may arise in cases of simple excess of power, inconsistency with or sheer non-compliance with the procedural requirements of the parent law.

About Delegated legislation:

When an entity or individual other than parliament creates a law, it is said to have “delegated legislation,” meaning that parliament has authorised the law’s creation.
The authority is established in a parent act of parliament called a “enabling act,” which establishes the framework of the legislation and then delegate’s powers to others to make more comprehensive law in the field.
An Act of Parliament establishes the framework for a particular law and typically includes a synopsis of the Act’s rationale.
When Parliament delegates its legislative authority to the Executive or another subordinate body, that body or individuals within it are given the authority to add specifics to the enacted law.
In this way, Parliament grants authority to others to make laws and guidelines through delegated legislation through essential enactment (such as an Act of Parliament). Any law passed by an authorised individual must have one of the justifications listed in the Act of Parliament as its basis.
It can be necessary for legislative power to be delegated for any of the following reasons:
- to save pressure on parliamentary time
- the legislation is too technical or detailed to be suitable for parliamentary consideration
- to deal with rapidly changing or uncertain situations
- to allow for swift action in the case of an emergency.