Admin - LG 8 - Slides Jan 25 xvfbfdnbn cbd

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1. Administrative Law Unit 3 Delegated Legislation Large Group 8

2. Learning Outcomes By the end of the session, you should be able to:   Articulate an understanding as to whether the concept of delegated legislation is in line with the constitution Explain the concept of permissible delegation Provide an outline of skeleton delegation Summarise what is meant by the power of inclusion and exclusion

3. Position in England Parliament is supreme and unhampered by constitutional limitations Position in India Privy Council as highest court of appeal Federal Court of India as highest court of appeal Indian Supreme Court as highest court of appeal Key Authority R v Burah ILR (1879) 4 Cal 172; (1878) 3 AC 88 Jatindra Nath Gupta v Province of Bihar AIR 1949 FC 175 Re Delhi Laws Act 1912, AIR 1951 SC 332 Constitutionality

4. A legislature cannot simply strip itself of its essential functions and instead vest them in another authority Justice Cardozo - the legislature cannot delegate an uncontrolled power and the power delegated must not be unconfined and vagrant Key Authority Rajnarain Singh v Chairman, Patna Administration Committee AIR 1954 SC 519 Permissible Delegation

5. Skeleton Delegation The enabling statute sets out broad principles to empower the authority to make rules Machinery Type The Act is supplemented by machinery provisions: the kind of forms, the method of publication, the manner of making returns and any other administrative details. Key Authority Mines and Minerals (Regulation and Development) Act 1948 Delhi Laws Act 1912 case. Skeleton Delegation

6. A power can be conferred on the Government to bring individuals, bodies or commodities within, or to exempt them from, the jurisdiction of a statute. Government has power to alter, add to and remove items. Key Authority Minimum Wages Act 1948 Power of Inclusion and Exclusion

7. Learning Outcomes Hopefully, you are now able to: Articulate an understanding as to whether the concept of delegated legislation is in line with the constitution Explain the concept of permissible delegation Provide an outline of skeleton delegation Summarise what is meant by the power of inclusion and exclusion

8. Any Questions?