a. Definition, Scope and Forms of Delegated Legislation
The word delegated authority means the transfer of authority/power by the superior to the subordinate. The law-making body/authority is called legislature or legislative authority. Salmond has classified the legislation into two categories, such as: - supreme legislation and subordinate legislation.
(Source: B. P. Acharya, ‘ADMINISTRATIVE LAW’, Pairavi Books & Stationery Centre, 2002, pp. 142-147).
Delegation means the transfer of authority by one person to another. Delegated legislation in Nepal is generally expressed as statutory rules, orders, regulations, by-laws, schemes, directions, notification. It is the legislation which is passed by a body to which the power of legislation is delegated by the statute and such powers are exercised by these authorities within the limits and in accordance with the principles laid down by the parliament.
Salmond: Delegated Legislation is that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued existence and validity on some superior or supreme authority.
R. Dayal: Delegated Legislation means legislation which is passed by a body to which the power of legislation is delegated by the statute.
Types of delegated legislation:
Title based: Rule, Regulation, Order, By-laws, Directives, Scheme
Purpose based:
- Power to bring the Act into operation
- Power to extend the scope/life of the Act
- Power to include or exclude persons or objects
- Power to modify the Act or Statute
- Power to remove difficulties
- Power to adopt laws from other states
Practice of delegated legislation in Nepal
The Constitution itself has provided the authority to make subordinate legislation (Article 82, 174, 104). In context of Nepal following 5 bodies have been exercising their power related to the delegated legislation: -
i. The executive:
ii. The legislature:
iii. The judiciary
iv. Constitutional Bodies
v. Autonomous Bodies
