Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.
Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.
In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.
The Parliament lays down the principles of law and as it has not sufficient time to deal with minute details the executive may through delegated legislation work out the application of the law in greater detail within these principles and power may even be conferred to amend the Statute itself by delegated legislation, a principle enacted in a Statute may be expended by delegated legislation in a cognate direction, the commencement of a Statute may also be provided for by delegated legislation, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 574.
Rules and Regulations with the effect of law made by the executive under statutory sanction by Parliament, Officer of Speaker in the Parliaments of Commonwealth by Wilding and Philip Laundry, p. 199; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 609.
In Australia, the delegated legislation is scrutinised by the Senate Standing Committee. The principles which govern the delegated legislation are that it should not trespass unduly on personal rights and Liberties, it should be concerned only with administrative detail and not amount to substantive legislation etc. In New Zealand the Attorney-General is required to examine all regulations before they are issued to determine whether or not they are desirable, the Statutes Revision Committee considers them to determine whether they trespass unduly on personal rights and liberties. The regulations can be annulled by a motion to that effect in the House, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 201