According to the doctrine of separation of power, there are three organs, (1) legislative (2) executive and (3) judiciary, carrying three different functions so as to avoid concentration of all Powers in one organ to prevent exploitation and corruption. The function of the executive is to administer the law enacted by the legislature and legislative power must be exercised exclusively by legislator. But with the passage of time, in 20th-century administrative authorities are given rule-making power which is also known as delegated legislation or subordinate legislation.
Meaning and definition of delegated legislation -
Delegated legislation refers to all law-making which takes place outside the legislature and is generally expressed as rules, regulations, bye-laws, orders, schemes, directions or notifications etc.
In simple words with an instrument of a legislative teacher is made by an authority in the exercise of power delegated are conferred by the legislature, it is called subordinate legislation or delegated legislation
When any administrative authority exercises the law-making power delegated to it by the legislature, it is known as the rule-making power delegated to it by the legislature, it is known as the rule-making action of the administration or quasi-legislative action and commonly known as delegated legislation.
It is very difficult to give any precious definition of the term "delegated legislation".
According to Salmond, delegated legislation is that legislation which proceeds from any authority other than sovereign power and is, therefore, dependent for its continued existence and validity on some superior or Supreme authority.
M.P Jain -
According to M.P Jain, delegated legislation is used in two following senses:
1) exercise by a subordinate agency of the legislative powers delegated to it by the legislature, or
2) the subsidiary rules themselves which are made by the subordinate authority in pursuance of the power conferred on it by the Legislature.
1. Important provisions of Right to Information(RTI) Act, 2005
2. Meaning and Classification of Statutes | Interpretation of Statutes
3. Consultation: Meaning Definition and Kinds of Consultation
4. Characteristics of Administrative Tribunal (Administrative Law)
5. Essential Features of Federalism