The term “Legislation” means “lawmaking power”. Legislation is of 2 kinds. (a) Supreme Legislation means legislation that is passed directly by the supreme/sovereign Legislature ; (b) Subordinate Legislation means legislation passed under the power/authority delegated to the Administrative Authority by the supreme legislature. Delegated Legislation is also called as “Subordinate Legislation” or “Administrative Legislation”. It means “conferring one’s power of law-making to another, or extension of power of law-making to the Executive by the Legislature

Delegated or subordinate legislation refers to rules of law enacted under the authority of an Act of Parliament. Even though the lawmaking body has the authority to make laws, it can delegate such authority to other entities or individuals by a resolution. Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority.

There are five Kinds of Subordinate Legislation which are as follows –

(1) Colonial Legislation – Colonial Legislation is the outcome of colony or colonies.

(2) Executive Legislation – These powers are expressly delegated to the executive by the parliament.

(3) Judicial Legislation – The Superior courts especially Supreme Court and High Courts of the State have the power of Making rules for the regulation of their own procedure.

(4) Municipal Legislation – Municipal authorities are empowered and entrusted with the power of establishing special laws for the Districts under their Control.

(5) Autonomous Legislation –   These are the bodies of Private Persons, they make rules for the regulation and functioning of their offices.

Validity of Delegated Legislation

Certain conditions are prerequisite for considering any delegated legislation as valid and enforceable. These are –

1. The parent act must be valid. A parent act is the one which enables and imparts power to the delegated legislation.
2. The clause regarding delegation of authority must be valid
3. The statute such made must be in consonance with the delegation clause in terms of procedure, substance and form.
4. The statue must not violate the norms and guidelines laid down in myriad judicial decisions.
5. The statute must also not violate any fundamental right or provision of the constitution.

Demerits of delegated legislation:

1. This opposes the concept of seperation of power

2. lack of relevant discussion before enacting it.

3. It is not stable, its fluctutating.

4. it can easily encroach the rules and regulation of legislation by making rules.

5. Against democracy, law made by peoples representatives.

6. suffers from a lack of publicity

7. delegated legislation enables authorities other than Legislation to make and amend laws thus resulting in overlapping of functions.

Constitutionality of delegated legislation:

● The extent to which delegation is permissible in India must be determined as a matter of construction from the express provisions of the Indian Constitution.

● There is no such thing as an inexhaustible right of delegation inherited in legislative power.

● The Supreme Court of India upheld the delegation of the power conferred to the executive body by the legislative body in the Raj Narain Singh v. Chairman, Patna Administration Committee Air (1954) case. This case empowered the local government to extend any provisions of the act (Bengal Municipality Act).

● Nothing in the Indian constitution expressly prohibits the legislature’s power to delegate. But there are two constitutional limitations on legislative delegation, which were laid down in the case named.

Principles of Interpretation of subordinate legislation:

1. Subordinate legislation only in relation to ancillary functions: Legislatures are empowered to delegte the authoprity to legislate of subordinate bodies and authorities. The legislature, cannot, however, delegate essential legislative functions which consists in determination or choosing of the legislative policy and of formally enacting that policy into a binding rule of conduct.
2. Judicial Review: Delegated legislation is open to the scrutiny of courts and may declare invalid on the following grounds:(a). Violation of Constitution (b) Violation of enabling Act. Violation of enabling Act includes within it preview violation of mandatory procedure prescribed. But delegated legislation cannot be questioned for violating principles of natural justice in its making except when the statue itself provides for that requirements.
3. Sub-Delegation: (Delegatus non potest delegare)it means de;legation cannot be made by a delegate.Delegate on whom power to make subordinate legislation is conferred cannot further delegate that power.