Legislation Its Types And Difference Between them With Case Laws.pptx

This PPT Is Basically based on Legislation Its Types And Difference Between them With Case Laws.

1. PRESENTATION OF ADMINISTRATIVE LAW NAME:- NEETESH KUMAR UID:- 21FLICJHN01013 PROGRAM:- BBA-LLB(H) SEMESTER:- VI TOPIC:- CONDITIONAL LEGISLATION AND SUB DELIGATION

2. INTRODUCTION CONDITIONAL LEGISLATION:- Conditional legislation may also be called contingent legislation. In this type of legislation, a statute provides powers to the administrative authority to determine when a law should be applied or when it comes into force. but adds some specifications along with them. These specifiers are conditions, and when these conditions are fulfilled, the powers of the delegated authority become activated. Hence, the authority is empowered to determine, based on its own judgement, whether these conditions are fulfilled or not.

3. SUB-DELIGATION LEGISLATION:- This kind of delegation happens when an administrative authority on whom legislative powers are conferred upon by Parliament further delegates these powers to another subordinate authority. This is permitted only if the Parent Act contains provisions that enable such a kind of delegation. The maxim, “ delegatus non potestdelegare ,”   indicates that sub-delegation of powers is not permissible, although the legislature can always provide for it.

4. DIFFERENCE BETWEEN CONDITIONAL LEGISLATION AND SUB DELEGATION LEGISLATION CONDITIONAL LEGISLATION:- In this, the subordinate authorities are not delegated to legislate. It is contingent and conditional. It is only a time factor. Upon reaching certain time or circumstance, the readymade Act (legislated by supreme legislative authority) is put into force. The subordinate authorities cannot use their discretionary power. It is their only duty to apply the law after fact finding (e.g. to inquire whether facts requiring operation of the Act exist). The conditional legislation delegate’s power is that of determining when a legislative declared rule of conduct shall become effective.

5. SUB-DELEGATION LEGISLATION In this, the subordinate authorities are delegated and  empowered  to ‘legislate’. There is no such condition or contingency. The subordinate authorities use their ‘OWN DISCRETION’ in making the legislation. The Supreme Court in HAMDARD DAWAKHANA’S case pointed out the distinction between them as follows: “delegated legislation involves delegation of rule-making power which constitutionally may be exercised by the administrative agent.

6. CASE LAWS The doctrine of Conditional Legislation was laid down in the case of Empress v. Abdullah, 1878. Their Lordship have observed that where plenary powers of Legislation exist as to particular subjects in an Imperial or in a Provincial Legislation they may be well exercised , either absolutely or conditionally. In the case of Jagriti v. State, 1994 , A.P. High Court stated that a legislature when enacting a legislation which is otherwise complete, may leave it to an external authority to decide whether the facts necessary for bringing into force the legislation are in existence. The power to extend the period of duration of legislation can also be entrusted to any external agency to decide as to whether the facts which were in existence and which justify enactment continue to subsist. Such an enactment is conditional legislation which cannot be assailed as enabling excessive legislation.

7. In Sardar Inder Singh v. State of Rajasthan , AIR 1957 , it was laid down that when an appropriate Legislature enacts a law and authorizes an outside authority to bring it into force in such area or at such time as it may decide, that is conditional and not delegated legislation. State of T.N. v. K Sabanayagam , AIR 1998 the Supreme Court held- “In the former the delegate's power is that of determining when a legislative declared rule of conduct shall become effective : Hampton and Co. v. U.S., (1927) 276 US 394, and the latter involves delegation of rule-making power which constitutionally may be exercised by the administrative agent. This means that the legislature having laid down the broad principles of its policy in the legislation can then leave the details to be supplied by the administrative authority. In other words by delegated legislation the delegate completes the legislation by supplying details within the limits prescribed by the statute and in the case of conditional legislation the power of legislation is exercised by the legislature conditionally, leaving to the discretion of an external authority the time and manner of carrying its legislation into effect as also the determination of the area to which it is to extent.

8. CONCLUSION Conditional legislation though a kind of delegated legislation is different from it as the latter includes conferring law-making power to another body, but the former is only for bringing the law in force by another body without having any law-making power. Both the jobs are being done by delegates, but one involves law making and the other involves implementing the same. The point of commonality being that both are done by delegates with a motive of better implementation and usage of law. One with framing supporting rules, guidelines, notifications and the other with method and satisfying conditions for execution of the law made by the assembly accordingly. In the end, delegated legislation be it of any kind is working under the umbrella of powers given by the law-making bodies of central and state governments respectively.

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