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C0mparative Study between Delegated Legislati0n versus C0nditi0nal Legislati0n
Intr0ducti0n –
Humans are c0nsidered as s0cial creatures wh0 depends 0ver each 0ther f0r their survival
which further creates a mutual relati0nship between b0th. In the current m0dern s0ciety,
regulati0ns 0f these relati0nship has become imp0rtant. With time in-mem0rial, this
relati0nship between the individuals have als0 included relati0nship between different
pers0n and state. S0 in 0rder t0 maintain auth0rity, 0ver its citizen 0r t0 c0ntr0l them, state
have p0wer t0 create laws and this creati0n 0f laws is called as legislati0n.
The term ‘legislati0n’ is derived fr0m latin w0rd legis meaning “law’ and lati0n which mean
“t0 make” 0r “set”. Hence, the w0rd legislati0n mean ‘making 0f law’. Legislati0n is that
s0urce 0f law which c0nsists in the declarati0n 0f legal rules by the c0mpetent auth0rity.
What is Delegated Legislati0n?
Delegated legislati0n means a pr0cess where the legislature gives its law-making p0wer t0
the administrative auth0rity, exercising such p0wer, the admin auth0rity makes laws 0r an
instrument 0f legislative nature such as rules, n0tificati0ns, 0rders, etc. The administrative
auth0rity w0rks as a sub0rdinate t0 the legislature; thus, it is als0 kn0wn as sub0rdinate
legislati0n.
Delegated legislati0n can als0 be defined as an instrument 0f legislative nature made by an

auth0rity in the exercise 0f the p0wer c0nferred by the legislature. Delegated Legislati0n as
which pr0ceeds fr0m any auth0rity 0ther than the s0vereign p0wer and is, theref0re,
dependent f0r its c0ntinued existence and validity 0n s0me superi0r 0r supreme auth0rity. 1
Reas0ns f0r the gr0wth 0f Delegated Legislati0n: -
S0me 0f the maj0r reas0n f0r the gr0wth 0f Delegated legislati0n are: -
1. Pressure up0n a parliamentary time – As there is a bulk 0f legislative activities, the

legislature can’t dev0te a sufficient am0unt 0f time t0 discuss all the matters in
detail, thus the legislature delegates the p0wers t0 executives t0 fill in the details by
issuing necessary rules, 0rders, etc 0n behalf 0f legislature. In the case 0n Avinder
Singh v. State 0f Punjab2 said that, if 525 parliamentarians are t0 f0cus 0n every
minuscule legislative detail leaving n0thing t0 sub0rdinate agencies, the annual
0utput may be unsatisfact0ry and negligible.
2. Technicality - S0metimes, there may arise s0me matters 0n which legislati0n is
required which are technical. The legislature being c0mm0n, cann0t be expected t0
kn0w the technicalities 0f each and everything. Thus, the assistance 0f experts is
required. In such a case the legislative p0wer can be c0nferred 0n the experts.
1
Salm0nd Definati0n
2
AIR 1979 SC 321
3. Flexibility - At the time 0f passing legislati0n, f0reseeing future
c0ntingencies/situati0ns is n0t p0ssible. And s0metimes in the future, certain
situati0ns require legislati0n t0 be made thr0ugh amendments.
4. Emergency - In case 0f emergencies like pandemics, epidemics, fl00ds, etc, 0ne
cann0t wait f0r the legislature t0 pass legislati0n. As example, during c0vid
pandemic mask and sanitizers were declared as essential c0mm0dities under the
Essential C0mm0dities Act3 by the administrative wing.
P0siti0n 0f Delegated Legislati0n under C0nstituti0n 0f India
As in the case 0f D. S. Gerewal v. State 0f Punjab4, pr0vided imp0rtant clarity 0n the

c0nstituti0nal pr0visi0ns regarding delegated legislati0n in India. It emphasized that Article
3125 0f the C0nstituti0n 0f India, which pertains t0 the auth0rity 0f delegated legislati0n,
d0es n0t curtail the inherent p0wer 0f delegati0n vested in the legislature.
The C0urt highlighted that the w0rding 0f Article 3126 sh0uld n0t be interpreted as negating
the cust0mary p0wer 0f delegati0n that is typically vested in the legislature. This ruling
reaffirmed the significance 0f delegated legislati0n as a legitimate and rec0gnized pr0cess
f0r the efficient functi0ning 0f the legislative system in India.
In the case 0f Raj Narain Singh v. Chairman Patna Administrati0n C0mmittee 7, Secti0n 3(1)(f)8
0f the Bihar & 0rissa Act granted the l0cal administrati0n the p0wer t0 extend certain
pr0visi0ns 0f the Bengal Municipality Act, 1884 t0 Patna, with m0dificati0ns as deemed
appr0priate. The g0vernment specifically ch0se t0 apply Secti0n 1049 0f the Act t0 the t0wn
0f Patna after making m0dificati0ns.
These several c0urt’s ruling in this case signifies that even th0ugh the Legislature can
delegate its p0wers, it must d0 s0 within the framew0rk 0f established legislative p0licies
and guidelines. This ensures that the delegated auth0rity d0es n0t have unfettered
discreti0n and 0perates within the intended b0undaries set by the legislature.
What is C0nditi0nal Legislati0n?
When the law is c0mplete and certain c0nditi0ns are laid d0wn as t0 h0w and when the law
w0uld be applied by the delegate, it is c0nditi0nal legislati0n. It includes n0 law-making
p0wers but 0nly the p0wer 0f determining when it sh0uld c0me int0 f0rce 0r when it sh0uld
be applied. C0nditi0nal legislati0n refers t0 a type 0f legislative enactment where the law is
fully and clearly specified, but its applicati0n 0r enf0rcement is made subject t0 certain
c0nditi0ns 0r circumstances. In 0ther w0rds, the law itself is c0mplete, and the c0nditi0ns
laid d0wn specify the c0ntingencies under which it will be implemented 0r applied.
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Supreme C0urt in Hamdard Dawakhana v. Uni0n 0f India10 stated that in c0nditi0nal
legislati0n, the delegate’s p0wer is that 0f determining when a legislative declared rule 0f
c0nduct shall bec0me effective.
Usage 0f C0nditi0nal Legislati0n –
1. Emp0wering the executive t0 expand the activity 0f an existing law t0 a specific

area 0r regi0n: In certain cases, the legislature may delegate the auth0rity t0 the
executive t0 extend the applicati0n 0f an existing law t0 a particular ge0graphic area
0r regi0n. This all0ws the executive t0 adapt the law t0 l0cal circumstances 0r
address specific needs 0r c0ncerns in that area.
2. Determining the time 0f applicati0n 0f an Act t0 a given area: C0nditi0nal
legislati0n may inv0lve specifying the timing 0r sequence in which an Act 0r law
sh0uld c0me int0 effect in different areas. This c0uld be based 0n fact0rs such as the
readiness 0f infrastructure, the availability 0f res0urces, 0r the 0ccurrence 0f certain
events that trigger the law’s applicati0n.
3. Br0adening the span 0f a Temp0rary Act, subject t0 a maximum peri0d fixed by
the legislative assembly: Temp0rary Acts 0r laws may be enacted f0r a limited
peri0d t0 address specific issues 0r situati0ns. C0nditi0nal legislati0n all0ws the
legislature t0 emp0wer the executive t0 extend the durati0n 0f such temp0rary laws
within the maximum peri0d set by the legislative assembly, ensuring their c0ntinuity
if necessary.
4. Determining the degree and limits within which the statute 0r Act sh0uld be
empl0yable and 0perative: C0nditi0nal legislati0n can inv0lve specifying the extent
and b0undaries within which a statute 0r Act can be applied 0r enf0rced. This may
include delineating the sc0pe 0f applicability based 0n fact0rs such as the size 0f the
p0pulati0n, the nature 0f the 0ffense, 0r the jurisdicti0n 0f a particular auth0rity.
C0nditi0nal legislati0n 0ffers decisi0n-makers m0re freed0m t0 w0rk and make judgements
0n implementati0n in the best way feasible, all0wing f0r impr0ved law enf0rcement and a
wider applicati0n 0f the law. All current s0ci0ec0n0mic welfare pr0grammes were theref0re
devel0ped by the legislative, but due t0 their executi0n, they have been effective
thr0ugh0ut the nati0n. Because 0f the discreti0n that the legislature granted the
administrati0n f0r the executi0n 0f the Acts drafted by the lawmakers, all "when, where,
and h0w" aspects 0f implementati0n have been freely checked by the g0vernment.
H0wever, this discreti0n cann0t be used in ways that g0 bey0nd the sc0pe 0f the assigned
auth0rity. If the limit is exceeded, the activity is invalid.
Imp0rtant cases with reference t0 C0nditi0nal Legislati0n: -
1. Re-Delhi Laws Act Case – It is indeed a significant case that deals with the
delegati0n 0f legislati0n. In this case, the questi0n raised was whether granting the
Lt. G0vern0r the p0wer t0 extend the applicati0n 0f a law am0unted t0 delegati0n 0f
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p0wer. The c0urt held that the Indian legislature had exercised its judgment 0n
matters such as the place, pers0n, law, and p0wers, and it was the resp0nsibility 0f
the Lt. G0vern0r t0 make the legislati0n effective up0n the fulfilment 0f certain
c0nditi0ns. This type 0f legislati0n, kn0wn as c0nditi0nal legislati0n, was upheld by
the c0urt.
2. J0tindra Nath Das v. Lala Prasad Ra0 – In this case the c0urt further clarified that in
India, delegated legislati0n c0uld n0t g0 bey0nd c0nditi0nal legislati0n. This means
that while the legislature can pr0vide c0nditi0ns and parameters under which a law
sh0uld be applied, it cann0t delegate its essential legislative functi0ns.
The c0urt emphasized the distincti0n between c0nditi0nal legislati0n, which is
permissible, and delegati0n 0f legislative p0wers, which is n0t all0wed bey0nd the
c0nditi0nal framew0rk.
C0nclusi0n –
In c0nclusi0n, when a legislature transfers legislative auth0rity t0 an0ther entity, the

legislative auth0rity is said t0 be delegated, and this is a case 0f delegated legislati0n.
H0wever, there is n0 delegati0n 0f legislative auth0rity when the legislature enacts the
legislati0n and gives an0ther b0dy just the right t0 determine when it c0mes int0 f0rce 0r
when it applies t0 a certain regi0n 0r territ0ry 0f the state. It w0uld instead be a case 0f
c0nditi0nal delegati0n. Thus, in delegated legislati0n, legislative auth0rity is transferred 0r
assigned, whereas c0nditi0nal delegati0n d0es n0t.
Whereas, the p0wer 0f the delegate in C0nditi0nal legislati0n is t0 determine when a

legislatively stated rule 0f behavi0ur bec0mes effective, whereas Delegated legislati0n
entails transfer 0f rule-making p0wer t0 an administrative agency. That is, after establishing
the basic principles 0f its p0licy thr0ugh law, the legislature can delegate specifics t0 the
administrative auth0rities.11
11
Raghunath Pandey v. State 0f Bihar (Patna HC)

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C0mparative Study between Delegated Legislati0n versus C0nditi0nal Legislati0n

What is Delegated Legislati0n?

Delegated legislati0n can als0 be defined as an instrument 0f legislative nature made by an

Reas0ns f0r the gr0wth 0f Delegated Legislati0n: -

1. Pressure up0n a parliamentary time – As there is a bulk 0f legislative activities, the

P0siti0n 0f Delegated Legislati0n under C0nstituti0n 0f India

As in the case 0f D. S. Gerewal v. State 0f Punjab4, pr0vided imp0rtant clarity 0n the

What is C0nditi0nal Legislati0n?

Usage 0f C0nditi0nal Legislati0n –

1. Emp0wering the executive t0 expand the activity 0f an existing law t0 a specific

Imp0rtant cases with reference t0 C0nditi0nal Legislati0n: -

In c0nclusi0n, when a legislature transfers legislative auth0rity t0 an0ther entity, the

Whereas, the p0wer 0f the delegate in C0nditi0nal legislati0n is t0 determine when a

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