Subordinate Legislation & Conditional Legislation: Administrative Law Notes

Subordinate Legislation & Conditional Legislation: Administrative Law Notes- Prolawctor

Subordinate Legislation

In subordinate legislation the process consists of discretionary elaboration of rules and regulations. In England the power of the Parliament are supreme as such all the legislation other than those made by British Parliament are recognized as subordinate. Subordinate legislation has its origin in the delegation of the power of Parliament to inferior authorities and are subject to control of the sovereign legislation.

Types of Subordinate Legislation

  1. Colonial Legislation
  2. Executive
  3. Municipal
  4. Judicial
  5. Autonomous

Types of Subordinate Legislation

  1. Colonial Legislation- The legislation by the self government bodies like colonies and other
    dependence of the Crown are regarded as colonial legislation. The legislative powers of such
    bodies are subject to the control of the Imperial Legislation.
  2. Executive- Though the main function of the Executive is to administer, but it has been
    provided with certain subordinate legislative powers which have been expressly delegated to it by Parliament, or pertain to it by the Common Law Statute.
  3. Municipal- Municipal authorities are entrusted by the law with limited and subordinate powers of establishing special for the districts under their control. The special laws so- established by the Municipal authorities are known as: Bye-laws”, and this type of legislation is known as municipal.
  4. Judicial- In England the judicature also possesses the like delegated legislative powers. The higher courts are empowered to make rules for the regulation of their own procedure.
  5. Autonomous- Though the great bulk of enacted laws is promulgated by the State; the autonomous bodies have been entrusted with a power to make bye-laws for its regulation.

Conditional Legislation

When an appropriate legislature enacts a law and authorities an outside authority to bring it into force in such area or at such time as it may decide, that is conditional legislation. Frequently the legislature enacts a law conditionally leaving it to the Executive to decide as to-

  • When will it come into force:
  • The period during which it is to be implemented or suspended : and
  • The place where it should be applied.

In other words, Conditional Legislation may be defined as a statute that provides control but specifies that they are to go into effect only when a given administrative authority finds the existence of conditions defined in the statute itself. The operation of law follows the fulfillment of the condition. Generally the date of the commencement of an Act may be left entirely to the discretion of the Government and it is laid down that: “It shall come into force on such date as the Central Government may be notification in the Official Gazette appoint and different dates may be appointed for different provisions of the Act.”

In a conditional legislation the law is complete in itself and certain conditions are laid down as to how when the law would be applied by the delegatee. The delegatee has only to be satisfied if it going to do, is in conformity with the condition laid down in the law. On the other hand, in a delegated legislation only same broad principles and policies are laid down and the details have to be filled up by the delegate, namely, the State Government.

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