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Dr. Ram Manohar Lohia National Law University, Lucknow Academic Session 2017 - 2018

This document is a synopsis submitted by Sakshi Singh for her research project on the role and importance of sub-delegated legislation. The objective is to study how sub-delegated legislation differs from delegated legislation and its scope. The methodology involves doctrinal research using primary sources like the Indian Constitution and secondary sources like books and websites. An introduction defines sub-delegation as when an executive authority with legislative powers from a statute further delegates those powers to subordinates. An example is given from the Essential Commodities Act. The tentative chapterization and bibliography are also provided.

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36 views3 pages

Dr. Ram Manohar Lohia National Law University, Lucknow Academic Session 2017 - 2018

This document is a synopsis submitted by Sakshi Singh for her research project on the role and importance of sub-delegated legislation. The objective is to study how sub-delegated legislation differs from delegated legislation and its scope. The methodology involves doctrinal research using primary sources like the Indian Constitution and secondary sources like books and websites. An introduction defines sub-delegation as when an executive authority with legislative powers from a statute further delegates those powers to subordinates. An example is given from the Essential Commodities Act. The tentative chapterization and bibliography are also provided.

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sakshi singh
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We take content rights seriously. If you suspect this is your content, claim it here.
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DR.

RAM MANOHAR LOHIA NATIONAL LAW


UNIVERSITY, LUCKNOW
ACADEMIC SESSION
2017 - 2018

SYNOPSIS
ROLE AND IMPORTANCE OF SUB DELEGATED
LEGISLATION

SUBMITTED TO: SUBMITTED BY:

Dr. APARNA SINGH SAKSHI SINGH

ASSISTANT PROFESSOR (LAW) B.A.LLB (HONS)

DR. RMLNLU, LUCKNOW SEMESTER V

ROLL NO 117

ENROLL 150101114
TITLE:
Title of the project is “ROLE AND IMPORTANCE OF SUB DELEGATED LEGISLATION”.

OBJECTIVE:
The objective of the project is to study the role and importance of sub delegated legislation. How
this sub delegated legislation is different from delegated legislation.

RESEARCH QUESTIONS:
1. How concept of sub delegated legislation is different from delegated legislation?
2. What is the scope of sub delegated legislation?

RESEARCH METHODOLOGY:
The method used for research purposes is entirely doctrinal. The data has been gathered by
referring through various books of the given subject. Analysis of that particular data has been
done by breaking the data into different sections and then drawing out conclusions from those
different sections. Primary source is the Constitution of India and secondary sources include
books by reputed authors and also web resources.

INTRODUCTION:
Definition: Sub Delegation – (Delegatus non potest delegare) „When a statute confers some
legislative powers on an executive authority and the latter further delegates those powers to
another subordinate author or agency, it is called „sub-delegation. ‟Thus, in sub-delegation, a
delegate further delegates. This process of sub-delegation may go through many stages. If we
may call the enabling Act the parent‟ and the delegated and sub-delegated legislation the
„children‟, the parent, in his own lifetime may beget descendants up to four or five degree. An
important illustration of sub-delegation is found in the Essential Commodities Act, 1955.Section
3 of the Act empowers the Central Government to make rules. This can be said to be the first-
stage delegation. Under Section 5, the Central Government is empowered to delegate powers to
its officers, the State Governments and their officers. Usually under this provision, the powers
are delegated to State Governments. This can be said to be the second-stage delegation (sub-
delegation). When the power is further delegated by State Governments to their officers, it can
be said to be the third-stage delegation (sub-sub-delegation). Thus, under Section 3 of the
Essential Commodities Act, 1955, the Sugar Control Order, 1955 was made by the Central
Government (first-stage delegation). Under the Order, certain functions and powers are conferred
on the Textile Commissioner (second-stage delegation).

CHAPTERISATION (TENTATIVE):
 Introduction
 Delegated legislation
 Sub delegated legislation
 Object of sub delegated legislation
 Three sub heads of sub delegation.
 Sub delegation of legislative power
 Sub delegation of judicial power
 Sub delegation of administrative power
 Control of sub delegated
 Criticism
 Bibliography

BIBIOGRAPHY (TENTATIVE) :
PRIMARY SOURCES:
 Administrative law : IP Messy
 M.P. Jain & S.N. Jain, Principles of Administrative law, 6th edition 2011.

SECONDARY SOURCES:
 www.manupatra.com
 www.westlaw.com
 www.sscrn.com
 www.ssc.com
 www.legalservices.com
 www.articlesbase.com

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