AIR 2003 SUPREME COURT 1533 ::2003 AIR SCW 894 ::2003 AIR - Kant. H. C. R. 706 ::(2003) 3 IndLD 466 ::2003 (3) SCC 321 ::(2003) 1 Scale 757 ::2003 (61) All WC 1076 ::(2003) 2 All WC 1076 ::2003 (2) ACE 249 ::(2003) 2 ESC 150 ::2003 (2) KantLJ 306 ::(2003) 2 KCCR 1154 ::(2003) 1 SCR 975 (SC) ::2003 (1) SCT 921 ::2003 (2) ServLR 301 ::2003 (2) SLT 286 ::2003 (2) Supreme 166 ::(2003) 4 AllIndCas 893 (SC) ::2003 (4) SRJ 437 ::(2003) 2 JT 35 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): S. Rajendra Babu, D. M. Dharmadhikari, G. P. Mathur , JJJ

(A) Constitution of India , Art.254— Delegated legislation - Need and limits - Legislature cannot possibly foresee every administrative difficulty that may arise in operation of statute - Delegated legislation fills those needs - Delegated legislation is meant to supplement not supplant the enabling statute. The power to make subordinate legislation is derived from the enabling Act and it is fundamental that the delegate on whom such a power is conferred has to act within the limits of authority conferred by the Act. Rules cannot be made to supplant the provisions of the enabling Act but to supplement it. What is permitted is the delegation of ancillary or subordinate legislative functions, or, what is fictionally called, a power to fill up details. The Legislature may, after laying down the legislative policy confer discretion on an administrative agency as to the execution of the policy and leave it to the agency to work out the details within the framework of policy. The need for delegated legislation is that they are framed with care and minuteness when the statutory authority making the Rule, after coming in to force of the Act, is in a better position to adapt the Act to special circumstances. Delegated legislation permits utilisation of experience and consultation with interests affected by the practical operation of statutes. Rules and Regulations ma....