LEGISLATIVE FUNCTIONS OF ADMINISTRATIONS

INTRODUCTION

Legislative department if the main part of Administration as the main function of the legislative department is to make laws, drafting of the Bills, ordinances. The main work of the legislative department is to make rules and regulations for the Administration. The main work of legislatures is to produce bills in the Parliament and ordinances, and after approved by the president, it becomes LawLaw.

Administrative Law

The Administrative Law does not have a single or one definition, a lot the jurists tried to define Administrative Law. Some describe it as the LawLaw, which is related to the control of government power. The main objective of the Administrative Law is to preserve and protects the rights of the persons. Some jurists tried to define the Administrative Law, which is as follows:

1. Ivor Jennings: According to him, the LawLaw which is related to Administration, is called Administrative Law. This LawLaw determines the organisation, powers and duties of the administrative authority
2. Wade: Wade said that “the law relating to the control of governmental powers” is called the Administrative Law. According to Wade, the main objective of the Administrative Law is to keep the governmental powers under the legal boundary so that citizens should be protected from its abuse.
3. K.C.Davis: He said that Administrative Law is defined as the LawLaw, which is a concern with administrative agencies’ power and procedure, including mainly the LawLaw related to judicial review of the administrative action.

Classification of Administrative Law

Administrative LawLaw is classified into three categories:

1. Legislative
2. Executive
3. Judiciary

Legislative Functions

Legislative Functions contain the powers of making rules or making of regulation or bye-laws etc. For the welfare of the country to perform all the activities is difficult. Therefore the delegation of Legislative Function is necessary to perform the functions.

Delegation of Legislative Functions in simple words defines as the powers passed by the upper highest authority to the lower authority.

Delegated Legislative Functions

The Parliament decides who they want to give the power to delegate legislation. The main principle of the Administrative Law is that LegislatureLegislature has to perform the primary and essential functions; it cannot be delegated to any other organ of the State.

Mala Fide Delegated Legislation

Bad faith or ulterior purpose can be the grounds for challenging Administrative Lawmaking. In the case of State of Rajasthan v. Union of India, it was held by the Supreme Court that if the power is exercised minified, then the presidential proclamation can be challenged. Also, Judicial review cannot give immunity to delegated legislation.

Inconsistency of Delegated Legislation with General Law

In the case Hindustan Times v. the State of U.P., it was held that Parliament, with the help of an Act, provides pensions to the working journalist. The State Government advertisements in the newspaper and deducted the impositions of the pensions for the working journalists. It was held that the State government used power beyond their legislative competence, and it was also ultra-virus.

Sub-Delegations

Delegates non-potestdelegare, it means the person who is a delegate cannot further delegate. It is impossible to delegate the power further unless the parent Act gives the authority to delegate the power further.

Cases

In the case of Harishankar Bagla v. the State of M.P., it was held that the Central Government has the power to pass an order for regulation and production of necessary commodities, provided under Section 3 of Supplies Act. Under Section 6, an order passed under section 3 shall affect. Section 3 and section 6 both were challenged on the ground of excessive delegation. Section 6 is only to bypass the LawLaw where the provision is not consistent with the provision of the Act. Also, the legislative policy was laid down in the Act, and excessive legislation was there.

In the case of Edward Mills Co. Ltd v. the State of Ajmer, in the Act, the list of industries where the Act was enforceable was mentioned, but the government had the power to add more industries. But the Court upheld the validity of the Act. To avoid the exploitation of labours legislative policy can fix the minimum wages.