LL.M.

(Constitutional and Administrative Law)

LOCAL SELF GOVERNMENT AND FEDERAL GOVERNANCE

MLA 2010

SHRI RAMSWAROOP MEMORIAL UNIVERSITY

BARABANKI, UTTAR PRADESH -225003

SESSION: 2024-25

SUBMITTED TO – DR.SHASHANK SHEKHAR

SUBMITTED BY –

UTKARSH TIWARI

ROLL NO. 202410301030142

LL.M. (CAL)

2ND SEMESTER
 SHRI RAMSWAROOP
MEMORIAL UNIVERSITY
(Established by UP State Govt. ACT 1 to 2012)

Lucknow-Deva Road, Uttar Pradesh-225003

DECLARATION

I hereby declare that the Dissertation entitled “” Submitted by me in the fulfilment of the
requirements for the award of the degree of “Master of Laws” of Shri Ramswaroop Memorial
University, is a record of my own work carried under the supervision of DR.SHASHANK
SHEKHAR , Institute of Legal Studies.

To the best of my knowledge this Dissertation has been submitted.

UTKARSH TIWARI

Semester II

LL.M. (Constitutional and Administrative Law)

Roll No.: 202410301030142

Page 2
 SHRI RAMSWAROOP
MEMORIAL UNIVERSITY
(Established by UP State Govt. ACT 1 to 2012)

Lucknow-Deva Road, Uttar Pradesh-225003

ACKNOWLEDGEMENT

“ व यां ददा त वनयं वनया या त पा ताम ्।

पा वात ् धनमा नो त धनात ् धम ततः सुखम ्॥”

– Chanakya Neeti

("Education imparts humility; from humility, one attains worthiness; from worthiness, one gains
wealth; through wealth, one achieves righteousness, and through righteousness, happiness
follows.")

It is with immense gratitude and deep respect that I pen down these words of acknowledgement
for the successful completion of my dissertation titled “”

First and foremost, I express my heartfelt thanks to the Almighty whose grace and blessings
have been the guiding light throughout my academic journey. His divine presence gave me
strength, patience, and perseverance to overcome every challenge during the research process.

I owe my deepest gratitude to my supervisor, DR.SHASHANK SHEKHAR, Assistant

Professor, Institute of Legal Studies, Shri Ramswaroop Memorial University, for his constant
guidance, encouragement, and insightful suggestions throughout the course of this research. His

Page 3
valuable feedback, timely advice, and scholarly expertise have shaped the foundation of this
dissertation.

I would also like to extend my sincere thanks to the faculty members and administrative staff
of the Institute of Legal Studies, Shri Ramswaroop Memorial University, Barabanki, for
their academic support and friendly environment that enriched my learning experience.

My heartfelt appreciation goes out to my family, whose unending love, moral support, and
patience kept me motivated and grounded during the highs and lows of this academic journey.
Their sacrifices and unwavering belief in me have been my greatest strength.

Last but not the least, I extend warm thanks to all those—friends, peers, and well-wishers—who
directly or indirectly contributed to the successful completion of this dissertation.

This humble effort is a small step in the pursuit of academic excellence, and I hope it contributes
meaningfully to the ongoing discourse on gender justice and legal reforms in India.

UTKARSH TIWARI

LL.M. (Constitutional and Administrative Law)

Semester II

Roll No.: 202410301030142

Page 4
Table of Contents
ACKNOWLEDGEMENT .................................................................................................... 3

1. ABSTRACT ............................................................................................................................ 6

2. INTRODUCTION .................................................................................................................. 6

2.1 THE NEED FOR DELEGATED LEGISLATION .......................................................... 6

2.2 CONSTITUTIONAL AND LEGAL BASIS .................................................................... 7

2.3 SCOPE AND TYPES OF QUASI-LEGISLATIVE INSTRUMENTS ............................ 7

2.4 JUDICIAL VIEW AND SAFEGUARDS ........................................................................ 8

2.5 RELEVANCE IN MODERN GOVERNANCE ............................................................... 9

3. THE MEANING AND SCOPE OF QUASI-LEGISLATIVE POWERS .............................. 9

3.1 WHY ARE QUASI-LEGISLATIVE POWERS NECESSARY? .................................. 10

3.2 TYPES OF DELEGATED LEGISLATION UNDER QUASI-LEGISLATIVE

POWERS .............................................................................................................................. 11

3.3 CONSTITUTIONAL LEGITIMACY AND JUDICIAL RECOGNITION ................... 11

4. DETAILED ANALYSIS OF REGULATIONS AND BYE-LAWS.................................... 11

4.1 UNDERSTANDING REGULATIONS: MEANING AND NATURE ......................... 12

4.2 HOW REGULATIONS DIFFER FROM RULES ......................................................... 13

4.3 REGULATIONS BY KEY STATUTORY BODIES: EXAMPLES AND IMPACT.... 13

4.4 BYE-LAWS: MEANING AND APPLICATION .......................................................... 14

4.5 EXAMPLES OF IMPORTANT BYE-LAWS AND THEIR LEGAL IMPACT........... 15

4.6 LEGAL STATUS AND ENFORCEMENT ................................................................... 16

Page 5
1. ABSTRACT

2. INTRODUCTION

In the world of governance, not every detail can be addressed by lawmakers sitting in the
Parliament or State Legislatures. Laws are often like blueprints – they set the overall structure,
but the finer details are usually left to others to fill in. This is where the concept of quasi-
legislative powers comes into play. These powers bridge the gap between broad legislative
frameworks and the practical implementation of those laws in real life.

The term quasi means almost or resembling, and when applied to law-making, it refers to
powers that resemble legislative functions but are not carried out by the legislature itself. Instead,
they are exercised by the executive, particularly by state governments, statutory authorities,
local bodies, and other agencies that are better suited to handle specific or technical issues within
their domains.

In India, quasi-legislative powers typically take the form of rules, regulations, and bye-
laws, which are created under the authority granted by a parent statute. This is known as
delegated legislation, a practice that has become a vital aspect of the legal and administrative
system, especially in large, complex countries like India where central or state legislatures
cannot foresee every possible situation that may arise in future.

2.1 THE NEED FOR DELEGATED LEGISLATION

The legislative bodies in India – Parliament at the Centre and State Legislatures – are
responsible for making laws on matters listed in the Union List, State List, and Concurrent
List under the Seventh Schedule of the Constitution of India1. However, these bodies are often
constrained by limited time, technical expertise, and the volume of issues that demand legal
regulation. As a result, it is not always feasible for them to draft comprehensive, minute, and
adaptable legal provisions for every situation.

1
The Constitution of India, Seventh Schedule – Distribution of legislative powers between Union and States.

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 To tackle this, legislatures often pass general laws but leave the task of detailing and
customizing these laws to government departments and local authorities. For instance, a law
regulating factories may empower the state government to frame rules regarding safety
measures, working conditions, or machinery standards. This system makes governance more
flexible, responsive, and efficient.

Moreover, some matters are highly technical or local in nature, requiring expertise or
proximity that the legislature may lack. Consider environmental regulations, urban planning
norms, traffic rules, or food safety measures. These are often better handled by subject experts
or local bodies, who can make timely decisions based on ground realities.

2.2 CONSTITUTIONAL AND LEGAL BASIS

The power of the executive to frame rules and regulations flows from Article 13(3)(a) of
the Indian Constitution, which recognizes that “law” includes any ordinance, order, bye-law,
rule, regulation, notification, custom, or usage having the force of law2. Hence, rules and
regulations framed by the executive, when made under valid authority, carry the force of law.

Furthermore, Article 162 provides that the executive power of a state shall extend to
matters with respect to which the legislature of the state has the power to make laws 3. Therefore,
the state government can frame rules and issue regulations within its legislative competence.

Also, every enabling statute passed by the legislature includes a delegation clause. This
clause authorizes the executive or another authority to make rules, regulations, or bye-laws for
carrying out the purposes of the Act. Such rules and regulations, however, must remain within
the limits of the parent Act. If they go beyond or conflict with the Act, courts can strike them
down as ultra vires (beyond the powers).

2.3 SCOPE AND TYPES OF QUASI-LEGISLATIVE INSTRUMENTS

There are three common types of quasi-legislative tools in India:

2
Article 13(3)(a), Constitution of India – Definition of ‘law’ includes rules, bye-laws, regulations, etc.
3
Article 162, Constitution of India – Extent of executive power of the State.

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 1. Rules: These are generally framed by the executive branch of the government under the
authority of a principal legislation. For example, the Indian Penal Code or the Factories
Act empowers the appropriate government to make rules to implement and regulate the
main provisions.
2. Regulations: These are usually made by statutory bodies or regulatory authorities,
such as the University Grants Commission (UGC), Securities and Exchange Board of
India (SEBI), or the Reserve Bank of India (RBI). Regulations typically deal with the
internal functioning and operational aspects of such organizations.
3. Bye-laws: These are framed by local authorities or municipal bodies, such as city
corporations or panchayats, under powers granted by state laws. Bye-laws usually relate
to local matters such as sanitation, traffic control, building codes, and property use.

Each of these instruments serves a different purpose but shares the common trait of
deriving their authority from a statute. They help in the micro-management of law, making
legislation more adaptable and practical.

2.4 JUDICIAL VIEW AND SAFEGUARDS

While delegated legislation is necessary, it must function within constitutional limits. The
judiciary in India has consistently held that essential legislative functions, such as deciding
policy matters or determining the basic structure of a law, cannot be delegated4. Only matters of
detail, procedure, and execution can be left to other authorities.

In the landmark case of Re Delhi Laws Act (1951), the Supreme Court laid down that
delegation is permissible but not of essential legislative functions5. This decision became a
foundation for maintaining a balance between the legislature's authority and the executive's
functional needs.

To safeguard against misuse or abuse of delegated powers, several mechanisms are in

place:

4
A.K. Roy v. Union of India, AIR 1982 SC 710 – Supreme Court emphasized that essential legislative functions
must be exercised by the legislature only.
5
In re Delhi Laws Act, 1951, AIR 1951 SC 332 – Landmark judgment explaining the limits and permissibility of
delegated legislation.

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 1. Judicial Review: Courts have the power to invalidate rules or regulations that exceed the
limits of the parent Act.
2. Legislative Oversight: Rules and regulations must usually be laid before the
legislature, which can annul or modify them.
3. Transparency and Public Accountability: In some cases, drafts of rules and regulations
are put in the public domain for feedback before finalization.

2.5 RELEVANCE IN MODERN GOVERNANCE

In today’s administrative environment, quasi-legislative powers are indispensable.

Consider the recent challenges during the COVID-19 pandemic – rapid changes in health
protocols, quarantine rules, and lockdown measures were all executed through rules and
executive orders under existing laws like the Epidemic Diseases Act, 1897, and the Disaster
Management Act, 20056. It would have been impossible for legislatures to meet frequently and
pass detailed laws for every evolving scenario.

Similarly, in fields like environmental regulation, telecom, banking, and education, there
is a constant need for rules to be updated and refined. Delegated legislation enables agility in
law-making, helping the government respond swiftly to new developments, technological
advancements, and public needs.

3. THE MEANING AND SCOPE OF QUASI-LEGISLATIVE POWERS

In the framework of a democratic legal system, the primary duty to make laws lies with
the legislature—either the Parliament at the Centre or the Legislative Assemblies in the States.
However, in practice, lawmakers cannot predict or cover every minor administrative or technical
issue that may arise while implementing a law. The gap between what the legislature can do and
what is required on the ground is where quasi-legislative powers come into play.

The term "quasi-legislative" literally means "almost legislative" or "having some

characteristics of legislation." These powers do not stem from the Constitution directly but

6
Disaster Management Act, 2005, and Epidemic Diseases Act, 1897 – Enabled governments to respond
dynamically during the COVID-19 crisis through executive orders and rules.

Page 9
emerge through delegated legislation—a system where the legislature delegates certain law-
making powers to other authorities like the executive, statutory bodies, or local authorities 7.

These powers allow the executive and other agencies to make rules, regulations, and
bye-laws that carry the force of law, provided they stay within the framework of the parent Act
(i.e., the principal legislation passed by the legislature). Such law-making is considered "quasi"
because it doesn’t originate in a legislative body, yet it produces legal norms that people are
bound to follow.

3.1 WHY ARE QUASI-LEGISLATIVE POWERS NECESSARY?

In today’s complex society, laws have to address a wide range of subjects—from health
and education to environment, cyber law, taxation, and local governance. Parliament or state
legislatures are not in session all year round, and their work is constrained by time, political
debate, and procedural formalities. On the other hand, administrative bodies and state
governments are active every day, and often have better technical expertise and proximity to the
issues at hand.

Quasi-legislative powers allow these authorities to:

1. Fill in the procedural and operational details of a law,

2. React quickly to emergencies or changing circumstances,
3. Introduce technical or specialized provisions, and
4. Implement law at the local or micro level, where flexibility is needed.

For example, a law might say that “factories must ensure safety for workers,” but what
exactly constitutes safety? Should there be fire extinguishers? Emergency exits? Ventilation
standards? These specifics are left to the government to decide through rules or regulations under
the Act.

7
Jain, M.P., Indian Constitutional Law, 8th ed., LexisNexis, 2018, p. 1063.

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3.2 TYPES OF DELEGATED LEGISLATION UNDER QUASI-LEGISLATIVE
POWERS

1. Rules – Generally framed by the government (central or state) under the authority of a
statute. For example, the Rules under the Motor Vehicles Act determine license types,
vehicle categories, or safety norms 8.
2. Regulations – Usually made by statutory authorities like the University Grants
Commission (UGC) or the Reserve Bank of India (RBI), often to manage internal
functioning or subject-specific issues 9.
3. Bye-laws – Created by local authorities or corporations, such as Municipalities, to
manage local matters like waste management, traffic control, or property use 10.

3.3 CONSTITUTIONAL LEGITIMACY AND JUDICIAL RECOGNITION

The Indian Constitution does not explicitly mention the term “quasi-legislative,” but
Article 13(3)(a) clearly states that “law” includes any order, rule, bye-law, regulation,
notification, etc., having the force of law 11 . Therefore, quasi-legislative instruments, when
backed by statutory authority, are fully recognized as valid law under the Constitution.

The Supreme Court has also acknowledged the necessity of delegated legislation in
several judgments. In Re Delhi Laws Act, 1951, the Court clarified that while essential
legislative functions cannot be delegated (such as determining legislative policy), other
functions like procedural details and technical matters can be 12.

4. DETAILED ANALYSIS OF REGULATIONS AND BYE-LAWS

In the landscape of modern governance, regulations and bye-laws play an important role
in complementing legislative efforts. They act as detailed instruments used by various statutory
and local authorities to manage specific sectors, functions, or regions. While both regulations and

8
The Central Motor Vehicles Rules, 1989, framed under the Motor Vehicles Act, 1988.
9
UGC Act, 1956; RBI Act, 1934 – examples of statutory authorities creating regulations.
10
Municipal Corporation Acts across various states grant bye-law making powers to local bodies.
11
Article 13(3)(a), Constitution of India.
12
Re Delhi Laws Act, AIR 1951 SC 332.

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bye-laws fall under the umbrella of delegated legislation, their sources of authority, areas of
application, and legal implications differ in meaningful ways.

4.1 UNDERSTANDING REGULATIONS: MEANING AND NATURE

Regulations are a form of delegated legislation typically framed by statutory bodies or

regulatory authorities that have been empowered through an Act of Parliament or State
Legislature. These bodies are established to regulate specific areas of governance that require
ongoing supervision, technical knowledge, and consistent policy updates.

Regulations are not made by the legislature or even the executive branch directly, but by
independent or semi-autonomous bodies that function under a specific enabling statute.
Examples of such bodies include:

1. Securities and Exchange Board of India (SEBI) – regulates capital markets

2. Reserve Bank of India (RBI) – regulates banking and monetary policy
3. University Grants Commission (UGC) – regulates higher education in India
4. Telecom Regulatory Authority of India (TRAI) – regulates the telecom sector

These authorities are entrusted with the responsibility to not only oversee their respective
domains but also to issue binding regulations, guidelines, standards, and codes of conduct
that have the force of law, provided they stay within the limits of their enabling Act.

For example, SEBI issues regulations on insider trading, mutual funds, and takeovers
under the SEBI Act, 1992. These regulations determine who can invest, how companies must
disclose information, and what penalties exist for violations 13. The legal enforceability of these
regulations is supported by Section 30 of the SEBI Act, which explicitly allows SEBI to make
regulations consistent with the Act14.

Similarly, the Reserve Bank of India, under the RBI Act, 1934, frames regulations to
control banking practices such as capital adequacy ratios, asset classification norms, and
reporting obligations of banks. These ensure monetary stability and protect depositors' interests.

13
SEBI Act, 1992 – Sections 11 and 30.
14
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.

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4.2 HOW REGULATIONS DIFFER FROM RULES

While both rules and regulations serve as tools of delegated legislation, they differ in a
few key ways:

Basis of
Rules Regulations
Comparison

Made by the Central/State

Authority Made by statutory/regulatory bodies
Government

Source General administrative statutes Sector-specific enabling statutes

Specific, technical, often binding in

Scope Broad procedural and operational
nature

SEBI Regulations, RBI Banking

Examples Service Rules, Traffic Rules
Guidelines

Subject to judicial review and statutory

Oversight Usually laid before Legislature
checks

Thus, rules usually fill in general administrative or procedural gaps in statutes, whereas
regulations are more specialized and used to control and guide specific industries or fields.

4.3 REGULATIONS BY KEY STATUTORY BODIES: EXAMPLES AND

IMPACT

1. SEBI (Securities and Exchange Board of India):

o SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
make it mandatory for listed companies to regularly disclose financial and
operational information.

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 o Legal impact: Strengthens transparency and accountability in capital markets and
reduces market manipulation15.
2. RBI (Reserve Bank of India):
o Master Circulars issued by RBI on topics like priority sector lending,
cybersecurity, and non-performing assets (NPAs) are binding on banks and
financial institutions.
o Legal impact: Provides uniformity in financial norms and fosters consumer
protection.
3. UGC (University Grants Commission):
o UGC (Minimum Standards and Procedure for Award of MPhil/PhD
Degrees) Regulations, 2016 ensure consistency and quality in research degrees.
o Legal impact: Upholds academic standards and prevents commercialization of
higher education.

These regulations have the same legal binding power as rules, and non-compliance can
result in penalties, deregistration, or prosecution, depending on the parent statute.

4.4 BYE-LAWS: MEANING AND APPLICATION

Bye-laws are another form of quasi-legislation but are generally framed by local self-
government bodies like municipal corporations, panchayats, and development authorities.
They are created to manage day-to-day civic and developmental issues specific to a region or
locality. The authority to make bye-laws comes from state legislation such as:

 The Uttar Pradesh Municipalities Act, 1916

 The Maharashtra Municipal Corporations Act, 1949
 The Delhi Development Act, 1957

Unlike regulations that deal with sectoral governance, bye-laws focus on local issues like:

 Sanitation and waste disposal

 Construction and zoning regulations

15
Sahara India Real Estate Corporation Ltd. v. SEBI, (2013) 1 SCC 1.

Page 14
  Parking and traffic control
 Pet control, street vending, hawker zones
 Public nuisance and noise control

For instance, the Municipal Corporation of Delhi (MCD) may issue bye-laws on the
size, height, and design of buildings, to ensure safety and aesthetic harmony in urban areas.
Violation of these bye-laws can result in fines, demolition orders, or withdrawal of municipal
services.

4.5 EXAMPLES OF IMPORTANT BYE-LAWS AND THEIR LEGAL IMPACT

1. Building Bye-laws:
o Framed by city development authorities like Delhi Development Authority
(DDA), these bye-laws regulate floor area ratios (FAR), setbacks, parking norms,
and fire safety standards.
o Legal impact: Ensures orderly and safe urban development. The Supreme Court in
M.C. Mehta v. Union of India (2006) ordered strict adherence to building bye-
laws to prevent unplanned urban sprawl16.
2. Solid Waste Management Bye-laws:
o Adopted by various municipalities under the Solid Waste Management Rules,
2016.
o Legal impact: Helps cities like Pune and Bengaluru manage waste segregation,
impose fines for littering, and promote decentralized waste disposal.
3. Hawking and Vending Bye-laws:
o Enabled by the Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014.
o Legal impact: Protects rights of vendors while ensuring that public spaces are
regulated. Bye-laws made under this Act define vending zones, timings, and
penalties.

16
M.C. Mehta v. Union of India, AIR 2006 SC 1325.

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4.6 LEGAL STATUS AND ENFORCEMENT

Both regulations and bye-laws, though not made by legislative bodies, are enforceable
in courts just like any statutory provision. The Supreme Court has reiterated in Bimal Chandra
Banerjee v. State of M.P. that rules, regulations, and bye-laws made under valid authority “have
the force of law” and cannot be ignored merely because they are not made by the legislature 17.

Additionally, non-compliance with a valid regulation or bye-law can result in civil or

criminal penalties, as authorized by the parent Act. For example, violating municipal bye-laws
may result in fines or even imprisonment depending on the gravity of the offence.

5. PROCEDURAL REQUIREMENTS AND LIMITATIONS ON QUASI-

LEGISLATIVE POWERS

The use of quasi-legislative powers—whether to frame rules, regulations, or bye-laws—

is not absolute or arbitrary. To ensure transparency, accountability, and constitutionality, specific
procedural safeguards and judicial limitations are placed upon authorities exercising these
powers. These processes not only ensure democratic oversight but also act as checks against the
misuse of delegated legislation.

5. 1.1. LAYING BEFORE THE LEGISLATURE

One of the most important procedures before delegated legislation comes into effect is
that it must be laid before the legislature. This means that the rules or regulations framed by the
executive or other authorities must be presented to Parliament or the State Legislature
(depending on who delegated the power), so that lawmakers are informed and have the
opportunity to modify, approve, or annul them.

There are three main forms of laying procedure:

 Simple laying – where the rules are merely laid before the legislature.
 Laying subject to modification – where the legislature may suggest modifications.

17
Bimal Chandra Banerjee v. State of M.P., AIR 1971 SC 517.

Page 16
  Laying with prior approval – where the rules cannot come into effect unless approved.

For instance, Section 30 of the SEBI Act, 1992 requires all SEBI regulations to be laid
before each House of Parliament, ensuring that even expert bodies remain under the democratic
umbrella18.

This procedure is critical in preserving legislative supremacy, even while allowing the
executive or statutory authorities to frame detailed provisions.

5.1.2. GAZETTE NOTIFICATION

No delegated legislation becomes enforceable unless it is published in the Official

Gazette. Publication gives the rules or regulations legal effect, and ensures they are accessible to
the public.

This requirement flows from the general principle of natural justice, where people must
be aware of the rules they are expected to follow. It was firmly established in Harla v. State of
Rajasthan, AIR 1951 SC 467, where the Supreme Court held that unpublished rules could not
be enforced against citizens19.

Gazette publication also allows the judiciary to determine whether a rule or regulation
has crossed the limits of the parent Act or the Constitution.

5.1.3 PUBLIC CONSULTATION (WHERE REQUIRED)

In some sectors—especially environmental law, urban planning, or consumer

regulation—public participation is mandated before the finalization of rules. Draft rules may be
uploaded online for public comment, or a formal hearing may be conducted.

For example, before finalizing new educational regulations, the University Grants
Commission (UGC) often seeks inputs from stakeholders like universities, students, and

18
SEBI Act, 1992, Section 30 – Regulations to be laid before Parliament.
19
Harla v. State of Rajasthan, AIR 1951 SC 467 – Rules must be published to be enforceable.

Page 17
academic experts. Similarly, environmental clearance rules often involve public hearings, as
prescribed under the Environmental Impact Assessment (EIA) Notification, 2006.

Public consultation enhances transparency, participation, and democratic legitimacy

of delegated legislation.

5.2LIMITATIONS ON QUASI-LEGISLATIVE POWERS

Despite the functional importance of quasi-legislative powers, they are not unlimited.
The judiciary has set clear boundaries to ensure that these powers are not abused or exercised in
a manner that undermines the Constitution or the parent law.

5.2.1 DOCTRINE OF ULTRA VIRES

This is a well-established principle that means “beyond the powers.” If a rule,

regulation, or bye-law goes beyond the scope of authority granted by the parent Act, or
contradicts its basic purpose, it is said to be ultra vires and is liable to be struck down by the
courts.

In D. S. Gerewal v. State of Punjab, AIR 1959 SC 512, the Supreme Court ruled that a
rule-making authority cannot act beyond the powers given to it by the statute. In this case,
service rules made under the Punjab Police Rules were held invalid because they had no
legislative backing20.

5.2.2. DOCTRINE OF EXCESSIVE DELEGATION

The legislature cannot pass on essential legislative functions to the executive or any
other authority. It can only delegate procedural or ancillary matters. If a statute gives the
executive unrestrained or blanket powers, it is treated as excessive delegation.

In Ajoy Kumar Banerjee v. Union of India, AIR 1984 SC 1130, the Supreme Court
reiterated that the legislature must lay down policy, standards, and guidelines when delegating

20
D. S. Gerewal v. State of Punjab, AIR 1959 SC 512 – Rules cannot go beyond the enabling Act.

Page 18
law-making power. Without such guidance, the delegation becomes excessive and
unconstitutional21.

6. JUDICIAL REVIEW OF DELEGATED LEGISLATION

In India, the power of judicial review is a basic feature of the Constitution. It applies not
only to Acts passed by Parliament or State Legislatures but also to rules, regulations, and bye-
laws made through delegated legislation. Courts act as the guardians of constitutional rights and
ensure that all laws, including delegated ones, conform to legal and constitutional standards.

6.1 GROUNDS ON WHICH COURTS STRIKE DOWN DELEGATED

LEGISLATION

6.1.1 UNCONSTITUTIONALITY

If delegated legislation violates a fundamental right or goes against any provision of the
Constitution, it can be struck down by the courts. For instance, if a regulation discriminates on
the basis of caste, religion, or gender, it will be unconstitutional under Article 14 or Article 15.

6.1.2. ARBITRARINESS

Rules or regulations that are vague, lack justification, or are based on unreasonable
classifications may be held arbitrary. The Supreme Court, in various cases, has emphasized that
delegated legislation must follow the same standards of reasonableness and fairness expected
from legislative acts.

In Indian Express Newspapers v. Union of India, AIR 1986 SC 515, the Supreme
Court held that delegated legislation is not immune from Article 14 (equality before law).
The court ruled that just because a rule is made by the executive or a statutory body, it cannot be
arbitrary or discriminatory22.

21
Ajoy Kumar Banerjee v. Union of India, AIR 1984 SC 1130 – No essential legislative function can be delegated.
22
Indian Express Newspapers v. Union of India, AIR 1986 SC 515 – Delegated legislation is subject to Article 14.

Page 19
6.1.3. EXCEEDING DELEGATED POWER

If a delegated legislation goes beyond what the parent Act allows, it is ultra vires. This
includes framing provisions not contemplated in the Act, adding new penalties, or changing the
intent of the law.

In Kunj Behari Lal v. State of Himachal Pradesh, AIR 2000 SC 1069, the Supreme
Court invalidated a rule that imposed a penalty not prescribed in the parent law. The Court held
that such overstepping was impermissible and void23.

OTHER JUDICIAL SAFEGUARDS

 Reasoned Decisions: Authorities must explain why a rule or regulation is necessary,

especially when it restricts fundamental rights.
 Proportionality: Courts test whether the restriction imposed is proportionate to the goal
it seeks to achieve.
 Non-Delegable Functions: Matters involving policy formulation, constitutional
mandates, or basic rights cannot be delegated to any authority.

ROLE OF JUDICIARY IN BALANCING GOVERNANCE

While delegated legislation is essential for efficiency, courts play a vital balancing role.
They do not interfere with every rule or regulation but step in when:

 Fundamental rights are threatened,

 Legislative guidance is missing,
 Executive power is misused, or
 Public interest is undermined.

This balance ensures that efficiency doesn’t come at the cost of accountability.

23
Kunj Behari Lal v. State of H.P., AIR 2000 SC 1069 – Penalties beyond the Act declared invalid.

Page 20
7. CRITICAL ANALYSIS: MERITS AND DEMERITS OF QUASI-
LEGISLATIVE POWERS

Delegated or quasi-legislative powers have become indispensable in today’s complex

administrative machinery. However, like any tool of governance, they come with both strengths
and inherent risks. An honest evaluation of their merits and demerits is essential to understand
their place in constitutional democracy.

7.1 MERITS

7.1.1. ADMINISTRATIVE CONVENIENCE

The first and perhaps most obvious benefit of quasi-legislative powers is administrative
efficiency. The legislature, whether Parliament or State Assemblies, cannot possibly frame laws
for every minor detail. Delegating power to the executive or statutory bodies allows laws to be
implemented smoothly without unnecessary bottlenecks.

For instance, the Factories Act, 1948 empowers the State Government to make detailed
rules concerning health and safety in factories. Such decisions are better made at the
administrative level, where officials can respond to ground realities 24.

7.1.2. TECHNICAL ACCURACY

Another major advantage is the involvement of domain experts. Regulatory authorities

like SEBI, RBI, and TRAI are staffed by professionals with deep knowledge of their fields.
Laws affecting specialized areas like banking, capital markets, or telecommunications require
rules that are precise, evolving, and technically sound.

Unlike the legislature, which may lack technical expertise, these bodies can issue
regulations that are tailored and up-to-date, such as the SEBI (Listing Obligations and
Disclosure Requirements) Regulations, 201525.

24
Factories Act, 1948 – Section 112: Power of State Governments to make rules.

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7.1.3. TIMELY GOVERNANCE AND FLEXIBILITY

Laws made through legislative procedure involve multiple stages of debate and approval,
which takes time. On the other hand, quasi-legislative powers allow timely responses to
emergencies or evolving needs.

During the COVID-19 pandemic, governments issued hundreds of orders and rules
under the Disaster Management Act, 2005, enabling quick lockdowns, travel restrictions, and
health protocols without having to pass new laws each time 26. This agility is crucial in crisis
management.

7.2. DEMERITS

7.2.1. RISK OF ARBITRARINESS

The biggest risk with delegated legislation is that it can be exercised arbitrarily. Since
rules and regulations are often framed by bureaucrats or authorities not directly accountable to
the public, there’s a chance of overreach, ambiguity, or excessive control.

A rule or regulation that is vague, unclear, or unfairly restricts rights can be misused. For
example, overly broad censorship rules on digital content can stifle freedom of expression 27.

7.2.2. LACK OF DEMOCRATIC ACCOUNTABILITY

Unlike laws passed by elected legislatures, delegated legislation is not debated in public
forums. Although many statutes require rules to be laid before the legislature, the scrutiny is
often minimal or procedural. This creates a democratic deficit, especially when important policy
decisions are taken via executive notifications.

25
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.
26
Disaster Management Act, 2005 – Sections 6, 10 and 24.
27
Shreya Singhal v. Union of India, AIR 2015 SC 1523 – Section 66A IT Act struck down.

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 For instance, many economic reforms are rolled out through Finance Ministry circulars
without public or parliamentary discussion, raising concerns about transparency and
accountability.

7.2.3. POTENTIAL CONFLICT WITH CONSTITUTIONAL RIGHTS

If not properly supervised, quasi-legislative powers may infringe upon fundamental

rights. Rules that restrict personal liberty, freedom of speech, or right to trade must pass
constitutional scrutiny. Courts have struck down numerous rules for violating Articles 14, 19, or
21.

In Indian Express Newspapers v. Union of India, the Supreme Court held that
delegated legislation must adhere to constitutional guarantees, or it would be struck down 28.

8. QUASI-LEGISLATION AND LOCAL SELF-GOVERNANCE IN INDIA

India’s commitment to democratic decentralization was solidified through the 73rd

and 74th Constitutional Amendments, which gave constitutional status to Panchayati Raj
Institutions (PRIs) and Urban Local Bodies (ULBs). With this came the power to make bye-
laws, a form of quasi-legislation at the grassroots level.

8.1 ROLE OF BYE-LAWS IN DECENTRALIZED GOVERNANCE

Bye-laws are rules made by local authorities to regulate civic life within their jurisdictions.
They are authorized by state legislation, such as:

 Uttar Pradesh Municipalities Act, 1916

 Maharashtra Municipal Corporations Act, 1949
 Tamil Nadu Panchayats Act, 1994

These bye-laws deal with:

 Sanitation and waste management

28
Indian Express Newspapers v. Union of India, AIR 1986 SC 515.

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  Street vending zones
 Traffic and parking control
 Licensing of shops and markets
 Zoning and construction norms

For example, in Mumbai, the BMC (Brihanmumbai Municipal Corporation) enforces

strict building bye-laws to prevent unauthorized construction and manage urban density 29. In
Tamil Nadu, panchayats issue bye-laws related to livestock management, local roads, and water
supply.

8.2 EMPOWERMENT OF PANCHAYATS AND MUNICIPALITIES

The Eleventh Schedule (for PRIs) and Twelfth Schedule (for ULBs) list 29 and 18
functional areas respectively, including education, health, markets, and rural electrification. To
implement and regulate these responsibilities, local bodies issue bye-laws.

These local laws ensure participatory governance and reflect local needs. For instance,
a panchayat may ban plastic use through a bye-law, addressing environmental concerns specific
to that region.

8.3 LEGAL BACKING AND ENFORCEMENT

Bye-laws are legally enforceable, provided they are within the limits set by the parent
state law. They are published in state gazettes, and penalties for violations are outlined clearly.

In Krishi Upaj Mandi Samiti v. Shiv Shankar, the Supreme Court upheld the validity
of market bye-laws made by a mandi board to regulate the sale of agricultural produce 30.

29
Development Control and Promotion Regulations for Greater Mumbai, 2034.
30
Krishi Upaj Mandi Samiti v. Shiv Shankar, AIR 1982 SC 1298.

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9. RECENT DEVELOPMENTS AND CONTEMPORARY RELEVANCE

In recent years, delegated legislation has played a major role in shaping policy and
governance across sectors. It reflects how governance has become more dynamic, technical,
and flexible, with significant legal and social impact.

9.1. COVID-19 RULES UNDER DISASTER MANAGEMENT ACT

The outbreak of COVID-19 in 2020 showcased the critical role of delegated legislation.
Under the Disaster Management Act, 2005, both central and state governments issued a wide
range of notifications, including:

 Lockdowns and curfews

 Travel and quarantine rules
 Hospital and vaccination regulations
 Guidelines on work-from-home, school closures, etc.

This legal framework allowed the government to act swiftly without parliamentary
delay, though it also raised concerns about individual liberties and economic rights being
restricted without legislative debate31.

9. 2. EVOLVING DIGITAL REGULATIONS BY MEITY

The Ministry of Electronics and Information Technology (MeitY) has issued several
rules to regulate online platforms, such as:

 Information Technology (Intermediary Guidelines and Digital Media Ethics Code)

Rules, 2021 These rules impose obligations on social media platforms, OTT services,
and digital news publishers to curb fake news, hate speech, and ensure user safety.

While they aim to regulate the digital ecosystem, they have also been challenged in
courts for infringing on freedom of speech under Article 19(1)(a)32.

31
Foundation for Media Professionals v. Union of India, 2020 SCC OnLine SC 387.

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9.3. URBAN PLANNING AND BUILDING BYE-LAWS

In cities like Delhi, Bengaluru, and Pune, development authorities have updated their
building bye-laws to:

 Introduce green building norms

 Simplify approvals through online platforms
 Regulate building heights and density

For instance, the Delhi Master Plan 2041 Draft includes revised land-use regulations
and encourages vertical growth. These bye-laws, although made at the local level, significantly
impact the urban landscape, real estate sector, and environment.

9.4. LABOUR CODES AND RULE-MAKING

The four new Labour Codes passed by Parliament delegate wide powers to the Central
and State Governments to frame rules. These include:

 Code on Wages, 2019

 Industrial Relations Code, 2020
 Social Security Code, 2020
 Occupational Safety, Health and Working Conditions Code, 2020

Much of the implementation still depends on the delegated rules, some of which are yet
to be finalized. This highlights how major laws today often serve as frameworks, with the real
substance shaped by executive rule-making.

32
LiveLaw Media Pvt. Ltd. v. Union of India, W.P.(C) 130 of 2021 (pending before Supreme Court).

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